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From Umayyad Practice to Ḥanafī Law

2020/01/16 by Nurit Tsafrir · 1 citation
Arts and Humanities · Social Sciences · Psychology · #Archaeology and Historical Studies #Islamic Studies and History #Families in Therapy and Culture #Law #History #Political science

paper · doi:10.1017/9781108654241.008

openalex publication_date 2020/01/16 · openalex created_date 2022/02/13 · openalex updated_date 2026/07/30

Abstract

This chapter follows the process by which Muslim scholars introduced the innovative Umayyad practice of blood-money payment into the Shari ‘ a. It focuses on the literature of the Ḥanafī school, the only school that incorporated the Umayyad regulation, and reveals how the Ḥanafīs Islamized the Umayyad practice by attributing it to weighty religious authorities from the past, particularly to the second caliph ʿUmar b. al-Khaṭṭāb. The chapter offers a close examination of the arguments and the ḥadīth s that served to substantiate the transformation of the Umayyad practice into a Sharʿi rule.

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