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AbstractJoseph Schacht has devoted a considerable part of his career to study the early history and development of Islamic juristic thought. His thesis about the formation of Islamic law in which the Prophetic traditions played a decisive role has constituted a basis for subsequent research on the subject; and, what is more, it possesses all the attributes of originality and profound thought.
Some responses, sometimes severely critical, have been addressed to Schacht's thesis. Some even accuse him of fostering a "misconception" of the position of law in Islam and of paying little attention to the Qur'anic legislation. It is no wonder, they maintain, that Schacht upholds a view which clearly deviates from the common belief of the majority of Muslims.
On the other hand, certain scholars have thought highly of Schacht's thesis. The broad outlines of his thesis, his e silentio argument and his backward-projection and common link theories, have won high acclaim among leading scholars, both Orientalists and non-Orientalists. It is not an exaggeration therefore when Hourani writes: "Joseph Schacht resurrected the intellectual life of Medieval Islam by his powerful intelligence, learning and concentration."
TypeElectronic Thesis or Dissertation