The Epistle on Legal Theory is the oldest surviving Arabic work on Islamic legal theory and the foundational document of Islamic jurisprudence. Its author, Muhammad ibn Idris al-Shafi'i (d. 204/820), was the eponym of the Shafi'i school of legal thought, one of the four rites in Sunni Islam. This fascinating work offers the first systematic treatment in Arabic of key issues in Islamic legal thought. These include a survey of the importance of Arabic as the language of revelation, principles of textual interpretation to be applied to the Qur'an and prophetic Traditions, techniques for harmonizing apparently contradictory precedents, legal epistemology, rules of inference, and discussions of when legal interpretation is required. The author illustrates his theoretical claims with numerous examples drawn from nearly all areas of Islamic law, including ritual law, commercial law, tort law, and criminal law. The text thus provides an important window into both Islamic law and legal thought in particular and early Islamic intellectual history in general.
The Arabic text has been established on the basis of the two most important critical editions and includes variants in the notes, while the English text is a new translation by a leading scholar of Shafi'i and his thought. The Epistle on Legal Theory represents one of the earliest complete works on Islamic law, one that is centrally important for the formation of Islamic legal thought and the Islamic legal tradition.

The Epistle on Legal Theory (Library of Arabic Literature, 48)

Literature & Fiction

al-Shafi'I, Muhammad ibn Idris

History & Criticism

NYU Press

Written in the second Islamic century by al-Imam al-Shafi'i (d. 204AH/820AD), the founder of one of the four Sunni schools of law, this important work gives the fundamental principles of Islamic jurisprudence and its influence continues to the present day. During the early years of the spread of Islam, the exponents of Islamic legal doctrine were faced with the problems raised by ruling and administering a diverse and rapidly growing empire. In Medina and Kufa, as well as other cities of early Muslim rule, schools of law had to be developed, but it took the genius of Muhammad b. Idris al-Shafi'i, born in the year 150AH/767AD, to establish the principles by which the various legal doctrines could be synthesised into a coherent system. In the Risala, which laid down the basis for such a synthesis, al-Shafi'i established the overriding authority, next only to the Qur'an, of the Sunna or example of the Prophet Muhammad as transmitted in the traditions. Professor Majid Khadduri has done an admirable service in making this valuable work available in English, His excellent translation uses not only the original manuscripts of Ibn Jama'a and al-Rabi, found at Dar al-Kutub, the National Library in Cairo, but also authoritative editions published earlier in this century, namely the Bulaq and Shakir editions. In his introduction, Professor Khadduri outlines the historical background of the Risala and gives a biography of al-Imam al-Shafi'i as well as annotated, detailed summaries of the composition, structure, substance and argument of the text. He also includes a list of transmitters of traditions, a glossary of the most important Islamic legal terms and a select bibliography. For this new edition, the index has been expanded and a small corrigenda added.

Al-Shafi'i's Risala: Treatise on the Foundations of Islamic Jurisprudence

Politics & Social Sciences

Social Sciences

Islamic Texts Society

The Epistle on Legal Theory is the oldest surviving Arabic work on Islamic legal theory and the foundational document of Islamic jurisprudence. Its author, Muhammad ibn Idris al-Shafi'i (d. 204 H/820 AD), was the eponym of the Shafi'i school of legal thought, one of the four rites in Sunni Islam. This fascinating work offers the first systematic treatment in Arabic of key issues in Islamic legal thought. These include a survey of the importance of Arabic as the language of revelation, principles of textual interpretation to be applied to the Qur'an and prophetic Traditions, techniques for harmonizing apparently contradictory precedents, legal epistemology, rules of inference, and discussions of when legal interpretation is required. The author illustrates his theoretical claims with numerous examples drawn from nearly all areas of Islamic law, including ritual law, commercial law, tort law, and criminal law. The text thus provides an important window into both Islamic law and legal thought in particular and early Islamic intellectual history in general .
 This new translation by a leading scholar of Shafi'i and his thought makes available in lucid, modern English one of the earliest complete works on Islamic law—one that is centrally important for the formation of Islamic legal thought and the Islamic legal tradition.

The Epistle on Legal Theory: A Translation of Al-Shafi'i's Risalah (Library of Arabic Literature, 42)

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