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INTRODUCTION
The Muslim view is that the origins of the Islamic legal code are rooted in
the Qur'fin , the sunna of the Prophet, consensus, and analogy. This view,
especially regarding the role of the sunna, was first challenged about a
hundred years ago by such Western scholars as C Snouck Hurgronje and
Ignaz Goldzihet, But it was only in this century, with the publication of
An Introduction to Islamic Law (1964) and Origins of Muhammadan
Jurisprudence (1950) by Joseph Schacht that the doubts about the validity
of the classical account came to be articulated in a comprehensive theory
which claimed to destroy it.
Schacht's Origins of Muhammadan Jurisprudence has won high
acclaim among leading Orientalists. H. A. R. Gibb. for example, considers that "it will become the foundation for all future study of Islamic
civilization and law, at least in the West"! and N. J. Coulson says that
Schacht "has formulated a thesis of the origins of Shari'a law which is
irrefutable in its broad essentials."? It has also strongly influenced many
other Orientalists, notably J. Robson, Fitzgerald, J. N. D. Anderson, and
C E. Bosworth, and has had a similar impact upon modem Muslim
writers on Islamic law such as Fazlur Rahman, A. A. A. Fyzee, and
others."
Schacht's main thesis may be summarized thus:
I. Law as such fell outside the sphere of religion. The Prophet did not
aim to create a new system of jurisprudence. Hisauthority was not
legal. As far as believers were concerned, he derived his authority
from the truth of his religious message; skeptics supported him fOT
political reasons.
2. The ancient schools of law, which are still the major recognized
schools today, were born in the early decades of the second century
A.H. By sunna they originally understood the "living tradition"
(al-t amr at-mujtama'alaih), that is, the ideal practices of the community expressed in the accepted doctrine of the school of law. This
early concept of sunna , which was not related to the sayings and