A cultural interpretation of Shāfiʻī's legal doctrine

This study examines the cultural implications of the methodology followed by Muhammed b Idris al-Shāfiʻī in the process of Islamic legalism. With reference to Clifford Geertz's model of religion as a cultural system, Shāfiʻī's methodology is presented as a process which expresses a certain cultural reality. That reality expresses an interrelationship between a world view- the Sunnah of the Prophet Muhammed, and a social context of legal differences. The cultural significance of this interrelationship facilitates the extension of the religious experience beyond the ritual itself and thereby influences the life of society, their ethos. As consequences of a cultural process, rituals such as the salah and fasting emerge as environs which reflects a particular social context and expresses a physiological realty- the world view. The concept of intention (niyyah), an important principle in Shāfiʻī 's legal thought, is shown to enhance the interrelationship between the world view and the social context. A sociological discourse is propagated rather than a purely legal dicta in order to portray Shāfiʻī as a theologian whose specific style and methodology have been motivated by a specific social ideal. This ideal represents Shāfiʻī 's ideas of the social composition and structure of the ideal Islamic ummah (community) under the leadership of the Prophet Muhammed. In support of this hypothesis, Shāfiʻī is located within a socio-historical context which shaped and influenced his legal thoughts. Shown to be motivated by a cultural reality rather than mere legal differences with his earlier contemporaries, Shāfiʻī 's ideas express the ideal to experience the aura of the ummah who was once led by the Prophet Mohammed. Shāfiʻī 's systemisation of the legal process and his unique conception of the Sunnah are presented here as a means whereby Shāfiʻī sought that physiological reconciliation with the Prophet and his ideal ummah. His legal principles within this system become symbols which had a specific function- to motivate people to experience a realty in which their actions are modeled on a world view, the ' tradition or Sunnah of the Prophet.

Grantor dc:publisher.institution

Department of Religious Studies

Year dc:date.issued

1998

Author dc:creator

• Wentzel, Moeain

Advisor dc:contributor.advisor

• Tayob, Abdul Kader

Language dc:language.iso

eng

Handle dc:identifier.uri

http://hdl.handle.net/11427/17958

OAI identifier oai:identifier

oai:open.uct.ac.za:11427/17958