The Source of Islamic Law or الشريعة الاسلامية

Submitted by dhimmi no more (United States), Feb 27, 2022 at 08:07

It might be a surprise to some of the readers that the Qur'an's rule in الشريعة الاسلامية is very marginal at best (see John Wansbrough and al-Fiqh al-Akbar1 dated around 750 AD).

Ignaz Goldziher the scholar of Islam believed that the source of Islamic law is Roman law. The Islamic 'Ulama sifted through Roman law and Islamized it et voila we have الشريعة الاسلامية

Patricia Crone another scholar of early Islam believes that the source of الشريعة الاسلامية must be provincial law. She studied provincial laws in Egypt and Syria in late antiquity and came to the conclusion that الشريعة الاسلامية is no more than Islamizing the provincial laws in late antiquity, where the Muslim 'Ulama sifted through such laws and the end result is what we have today as Islamic law

Check her book: "Roman Provincial and Islamic Law."

https://www.cambridge.org/core/books/roman-provincial-and-islamic-law/2096ACD8148FC23080C492300269441A

Again, laws do not drop from the sky.

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