خلاصه ماشینی:
It argues that the law ceased to grow by the sixth century of Islam as a result of the development of classical legal theory; more specifically, law was put on hold, as it were, after the doctrine of the infallibility of ijma‘ (juristic consensus) was articulated.
By adhering to the rules of law, the Muslims would develop a society superior in its moral as well as material quality to societies which fail to observe the revealed will of God. Shan"ah, as a comprehensive moral and legal system, aspires to regulate all aspects of human behavior to produce conformity with Divine Law. According to the fuqahiz’ (Islamic jurists), adhering to the rules and principles of Shari‘ah not only causes the individual to draw closer to God, but also facilitates the development of a just society in which the individual may be able to realize his or her potential, and whereby prosperity is ensured to all.
The juristic speculation of individual jurists (ijtihad) and their consensus (ijma‘) became, after the death of the Prophet (S_AAS), additional sources of Shari‘ah, and new methods to define Divine Law. Al-Shafi‘i, an eminent classical jurist and the founder of one of the four major schools of law in the history of Islam,‘' presented in the second/seventh ‘Fazlur Rahman, pp.
In order to define Divine Will on new situations never before addressed by revelation, Muslim jurists had to develop a legal theory that spelled out the Shari‘ah, and establish the methods of deriving and applying its rules.