A Critical Study of Harald Motzki's Methodology in Proving the Authenticity of the Jurisprudential Narrative of Early Meccan Madhhab
Abstract
This research aims to cover an early period in the history of the development of the Meccan legal school, a period overlooked by the German orientalist Harald Motzki in his work titled The Origins of Islamic Jurisprudence: Meccan Fiqh Before the Classical Schools. The study revisits the era during which the founder of the school 'Abdullàh Ibn ‘Abbas was active, examining his efforts that contributed to the establishment of the Meccan school. After the introduction, the research discusses the reasons behind Motzki's choice of ʿAbd al-Razzaq’s Musannaf as a text to apply his methodology—studying Isnad-cum-Matn. It also outlines the criteria that Motzki relied upon to conclude that Ibn Jurayj’s narrations from ʻAṭāʼ Ibn Abi Rabah and ʻAmr ibn Dīnār are authentic. Subsequently, the study delves into Ibn ‘Abbas’s role in founding the Meccan school by examining his contributions in political assemblies, scholarly circles, his leadership in issuing fatwas, and shaping what could be termed the concept of scholarly authority. Additionally, the research emphasizes the importance of peer testimony in reinforcing Motzki’s conclusions. The study concludes by affirming that covering Ibn ‘Abbas’s period places the researcher at the actual starting point of the Meccan legal school and sheds light on how legal discourse began to take shape during that era.
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References
Aḥmad, Ṣ. (2018). Al-Sunnah wa-ʻulūmihā fī al-dirāsāt al-muʻāṣirah: Nuqadāt al-mustashriq al-Almānī Harald Motzki li-baʻḍ al-naẓarīyāt al-istishrāqīyah ḥawla al-Sunnah al-Nabawīyah – Dirāsah fī kitābihi "Bidāyāt al-fiqh al-Islāmī wa-taṭawwuruh fī Makkah" (pp. 628–631, 629). Muʼassasat Dār al-Ḥadīth al-Ḥasanīyah.
ʻAbd al-Malik ibn Hishām. (1955). Al-Sīrah al-Nabawīyah (M. al-Saqqā, I. al-Abyārī, & ʻA. al-Ḥ. al-Shalabī, Eds., Vol. 1, p. 615). Sharikat Maktabat wa-Maṭbaʻat Muṣṭafá al-Bābī al-Ḥalabī wa-Awlāduh.
Gledhill, P. J. (2012). Motzki’s forger: The corpus of the follower ʿAṭāʾ in two early 3rd/9th-century ḥadīth compendia. Islamic Law and Society, 19(2), 160–193. https://doi.org/10.1163/156851912X629808
Hallaq, W. B. (2005). The origins and evolution of Islamic law. Cambridge University Press.
Hodgson, M. (1974). The venture of Islam: Conscience and history in a world civilization (Vol. 1: The classical age of Islam. Book one: The Islamic infusion: Genesis of a new social order). University of Chicago Press.
Ibn ʻAsākir, ʻA. ibn al-Ḥ. (1995). Tārīkh Madīnat Dimashq wa-dhikr faḍlihā wa-tasmiyat man ḥallihā min al-amāthil aw ijtāza bi-nawāḥīhā min wāridīhā wa-ahluhā (ʻU. ibn Gharāmah al-ʻAmrawī, Ed., Vol. 73, pp. 183–184). Dār al-Fikr lil-Ṭibāʻah wa-al-Nashr wa-al-Tawzīʻ.
Ibn Saʻd, M. (2001). Al-Ṭabaqāt al-kubrá (ʻA. M. ʻUmar, Ed., Vol. 2, p. 314). Maktabat al-Khānjī.
Motzki, H. (2010). The origins of Islamic jurisprudence: Meccan fiqh before the classical schools (J. Tamir & Kh. al-Dīn ʻAbd al-Hādī, Trans.). Dār al-Bashāʼir al-Islāmīyah.
Motzki, H. (2012). Motzki’s reliable transmitter: A short answer to P. Gledhill. Islamic Law and Society, 19(2), 194–199. https://doi.org/10.1163/156851912X629817
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