Islamic Legal Orthodoxy

by Devin J. Stewart

Stewart points to an underlying tension in Shi'ite intellectual history between assimilationist and nativist impulses in the debate over consensus, dissimulation, and in the lives of certain Shi'ite scholars who lived and studied among Sunnis.

One of the most far-reaching developments in the history of Islam was the rise of the four classic Sunni schools of law between the ninth and eleventh centuries CE. Consolidation of these schools went hand in hand with the establishment of jurists’ dominance over religious discourse and social institutions. Orthodoxy came to be defined as the consensus (ijma’) of the Sunni jurists. Devin Stewart argues that it is to the margins of the emerging system that investigators must look to understand its historical dynamics. The development of Twelve Shi’ite jurisprudence in relation and reaction to the Sunni schools is particularly informative.

In  Islamic Legal Orthodoxy , Stewart explores the process by which Shi’ite jurists participated in the mainstream of Islamic jurisprudence and were influenced by Sunni legal doctrines. He identifies three main reactions to Sunni legal definitions of othodoxy and the concept of consensus on which it was based. The Akhbaris rejected Sunni legal consensus and juristic authority for a scripture-based system; many Shi’ite outwardly accepted the ground rules of Sunni legal consensus and joined the Shafi’i school of jurisprudence; a third option was to adopt the concept of consensus to create a “fifth,” Shi’ite, legal system.

The development of the Sunni legal system effectively set the ground rules for the marginal sect’s negotiation of their identity with respect to Islamic legal orthodoxy. Accordingly, Shi’ite jurists developed a legal institution that is structurally similar to the four Sunni madhhabs and even today serves as means to position themselves in the Muslim world. Stewart points to an underlying tension in Shi’ite intellectual history between assimilationist and nativist impulses in the debate over consensus, dissmulation (taqiyyah) and the lives of certain Shi’ite scholars who lived and studies among Sunnis. 

Genres: Islam

288 pages, Paperback

First published July 29, 1998

About the author

Devin J. Stewart received a B.A. degree in Near Eastern Studies from Princeton University in 1984 and a Ph.D. in Arabic and Islamic Studies from the University of Pennsylvania in 1991. For the past twenty years he has been teaching various courses in Arabic, Middle Eastern, and Islamic topics in the Department of Middle Eastern and South Asian Studies at Emory University. His research interests include Islamic law, the Qur’an, Islamic sectarian relations, medieval Arabic prose literature, Islamic biography and autobiography, and Arabic dialects. One of his main interests is the reconstruction of texts from the tradition of manuals of jurisprudence or legal theory (usul al-fiqh), and he is translating for the Library of Arabic Literature Ikhtilaf usul al-madhahib (Disagreements of the Jurists: A Manual of Islamic Legal Theory) by the Fatimid jurist al-Qadi al-Nuʿman, a work from the mid-tenth century which preserves significant material from manuals of Islamic legal theory that are no longer extant. Attention to such work as these may help flesh out the intellectual history of Islamic legal theory, particularly the formative period of the ninth and tenth centuries from which so many seminal works have been lost.

Reviews

[Joseph Lumbard · Rating 4 out of 5]

Demonstrates the manner in which Shi’ite fiqh developed in the context of Sunni legal debates. An invaluable contribution to our understanding of the early history of Islamic law.