The Dialectical Forge
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The Dialectical Forge
The Dialectical Forge identifies dialectical disputation (jadal) as a primary formative dynamic in the evolution of pre-modern Islamic legal systems, promoting dialectic from relative obscurity to a more appropriate position at the forefront of Islamic legal studies. The author introduces and develops a dialectics-based analytical method for the study of pre-modern Islamic legal argumentation, examines parallels and divergences between Aristotelian dialectic and early juridical jadal-theory, and proposes a multi-component paradigm—the Dialectical Forge Model—to account for the power of jadal in shaping Islamic law and legal theory.In addition to overviews of current evolutionary narratives for Islamic legal theory and dialectic, and expositions on key texts, this work shines an analytical light upon the considerably sophisticated “proto-system” of juridical dialectical teaching and practice evident in Islam’s second century, several generations before the first “full-system” treatises of legal and dialectical theory were composed. This proto-system is revealed from analyses of dialectical sequences in the 2nd/8th century Kitāb Ikhtilāf al-ʿIrāqiyyīn / ʿIrāqiyyayn (the “subject-text”) through a lens molded from 5th/11th century jadal-theory treatises (the “lens-texts”). Specific features thus uncovered inform the elaboration of a Dialectical Forge Model, whose more general components and functions are explored in closing chapters.
The Dialectical Forge: Proto-system Juridical Disputation in the Kitāb Ikhtilāf Al-'Irāqiyyīn (2 Vols.).
Dialectic (jadal or munāẓara) is undoubtedly the primary formative dynamic in the evolution of Islamic legal systems, whether in the expansion and justification of doctrinal bodies of substantive law (fiqh), or in the elaboration and refinement of legal theory (uṣūl al-fiqh). Despite this most critical role, however, relatively few studies have been dedicated to juridical dialectic (al-jadal al-fiqhī); and, to my knowledge, none have attempted to explore or explain its powerful function in the shaping of legal systems and attendant literary discourse. A principal objective of this current project is to bring the formative dynamic of jadal to the forefront of considerations in Islamic legal studies, with special regard to the evolution of both legal-theoretical and juridical-dialectical sciences. Significantly, one may easily discern the dynamic of a sophisticated juridical dialectic at work in our earliest extant legal literature, particularly in works which preserve details of legal argumentation and/or extended Q & A sequences of dialectical debate. One such work is the Kitāb al-Umm of Muḥammad b. Idris al-Shāfiī (d.204/820), and it is a particular treatise found in this early compendium -- the Ikhtilāf al-ʻIrāqiyyīn -- with which the current project will be most concerned. Part II of this dissertation comprises a parallel, annotated translation of this treatise; Part I is chiefly occupied with: 1) an analysis of its dialectical elements; 2) my arguments with regard to their implications; and 3) the elaboration of a theoretical model to account for the formative dynamic of juridical jadal in the evolution of legal-theoretical and dialectical systems. My procedure in Part I is as follows. First, I will draw attention to the "dialectical milieu" of early Islamic intellectual history and provide a background of current evolutionary narratives for jadal-theory systems (Chapter I.2). Following this, I will fashion a "lens for analysis" from certain of our earliest extant (fifth century H) "full-system" treatises on juridical jadal (Chapter II). With this lens, I will proceed to analyze the "proto-system" dialectic of our subject-treatise, the Ikhtilāf al-ʻIrāqiyyīn (Chapter III). The implications of these analyses will then be explored; and a natural, symbiotic co-evolution of dialectical and legal-theoretical teaching and practice, from the start of the Islamic jurisprudential project, will be asserted (Chapter IV.1). Finally, a "Unified Dialectical Forge Theory" will be developed (Chapter IV.2). This latter is intended as a preliminary working model for the formative dynamic of juridical dialectic in the evolution of uṣūl al-fiqh and jadal systems, both. Overall, it is hoped that our theoretical model, translation of the Ikhtilāf al-ʻIrāqiyyīn, and analyses of its contents, together with the window onto proto-system dialectic and legal theory which these subprojects afford us, will constitute the primary contributions of this dissertation.
The Dialectical Forge
Dialectic (jadal or munāẓara) is undoubtedly the primary formative dynamic in the evolution of Islamic legal systems, whether in the expansion and justification of doctrinal bodies of substantive law (fiqh), or in the elaboration and refinement of legal theory (uṣūl al-fiqh). Despite this most critical role, however, relatively few studies have been dedicated to juridical dialectic (al-jadal al-fiqhī); and, to my knowledge, none have attempted to explore or explain its powerful function in the shaping of legal systems and attendant literary discourse. A principal objective of this current project is to bring the formative dynamic of jadal to the forefront of considerations in Islamic legal studies, with special regard to the evolution of both legal-theoretical and juridical-dialectical sciences. Significantly, one may easily discern the dynamic of a sophisticated juridical dialectic at work in our earliest extant legal literature, particularly in works ...