Aron Zysow's 1984 PhD dissertation, 'The Economy of
Certainty,' remains the most important, compelling, and
intellectually ambitious treatment of Islamic legal
theory (usul al-fiqh) in Western scholarship to date. It
continues to be widely read and cited, and remains
unsurpassed in its incisive analysis of the fundamental
assumptions of Islamic legal thought. Zysow's important
work is published here in full, for the first time, with
updated references, a Preface by Professor Robert Gleave
and further reflections by the author. Zysow argues that
the great dividing line in Islamic legal thought is
between those legal theories that require certainty in
every detail of the law and those that will admit
probability. The latter were historically dominant and
include the leading legal schools that have survived to
our own day. Zahirism and, for much of its history,
Twelver Shi'ism, are examples of the former. The
well-known dispute regarding the legitimacy of juridical
analogy is only one feature of this fundamental
epistemological division, since probability can enter
the law in the process of authenticating prophetic
traditions and in the interpretation of the revealed
texts, as well as through analogy. The notion of
consensus in Islamic legal theory functioned to
reintroduce some measure of certainty into the law by
identifying one of the competing probable solutions as
correct. Consequently, consensus has only a reduced role
in those systems that reject probability. Another, more
radical, means of regaining certainty was the doctrine
that regarded the legal reasoning of all qualified
jurists on matters of probability as infallible. The
development of legal theories of both types was to a
large extent shaped by theology and, most significantly,
by Mu'tazilism, and subsequently by Ash'arism and
Maturidism.
|
|