This work establishes, through examination of primary and secondary literature, that Islamic law is a corpus of accretive ascription fundamentally informed by authoritative precedents and practically preserved in the adaptive oral discourse. The transformed legal tradition, while aspiring to keep the connection between the past (Qur'an and Sunnah) and present (ijtihadic opinions), has remained dependant on orality which ascertained the preservation of the singularly specific and characteristic traits of each school of thought.
Ahmed E. Souaiaia is Professor of Islamic Studies at the University of Iowa.
Foreword; Preface; Part 1: Orality during the Formative Period of Islamic Law; Introduction; 1. Hermeneutics, Custom and Continuity; 2. Inheritance in the Qur'an and Exegesis; 3. The Art of Elocution: Declamation in the Islamic Discourse; 4. Place of Orality in Semitic Traditions; 5. The Function of Sounds in Arabic; 6. Inheritance in the Hadith; 7. Conclusion; Part 2: After Orality: Accretive Ascription Ascription in Islamic Law; Prelude; Modes of Authority: Tradition, Reason, and Accretive Ascription; Intervening Kalam: Ascribing Meaning to Dalil; Beyond the Texts: Definitions and Applications of Naskh; Inheritance Laws and Orality; Dissent and Plurality in the Islamic Religious Discourse; Conclusions; Appendix; Bibliography; Index.