The Kitāb al-Aṣl of Muḥammad b. al-Ḥasan al-Shaybānī (d. 189/805) and its Riwāyas (Recensions)

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Abstract

This essay is a preliminary study of some aspects of the transmission of Kitāb al-Aṣl by Muḥammad b. al-Ḥasan al-Shaybānī. The essay examines information, preserved in later, mainly Ḥanafī works, about two major riwāyas of al-Aṣl, and analyses some points of doctrine on which they differ. These differences are shown to be substantial, as emerges from biographical sources. Given the divergence from each other and also, in one instance, from a third riwāya, I propose that the two riwāyas do not represent the content of a single original text. They may reflect either different stages in the development of a text that was still fluid, or else doctrinal changes that were introduced into a fixed text by its transmitters. The disparity between the riwāyas must be taken into consideration in any attempt to reconstruct the teachings and history of Kitāb al-Aṣl.

Original languageEnglish
Pages (from-to)43-69
Number of pages27
JournalIslamic Law and Society
Volume32
Issue number1-2
DOIs
StatePublished - 2025

Keywords

  • Abū Sulaymān al-Jūzjānī
  • Abū Ḥafṣ al-Kabīr
  • al-Aṣl
  • al-Shaybānī
  • riwāya
  • Ḥanafī law

All Science Journal Classification (ASJC) codes

  • Sociology and Political Science
  • Law

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