v.
AS
A
FAQÈH
GÚaza@l^'s
legal
education
is
said
to
have
began
at
a
young
age.
As
a
youth,
he
had
already
begun
to
study
Shafi¿ite
law
under
Shaikh
Ahámad
b.
Moháammad
Ra@dka@n^,
a
prominent
jurist
of
his
home
city,
T®u@s.
He
later
traveled
to
Jorja@n,
where
he
continued
his
studies
under
Imam
Abu@
Nasár
Esma@¿^l^,
which
resulted
in
writing
his
first
ta¿l^qa,
in
effect
a
graduate
thesis.
It
must
have
dealt
with
the
Shafi¿ite
positive
law,
for
we
know
that
the
ta¿l^qa
that
he
later
wrote
under
Ema@m-al-H®aramayn
Abu'l-Ma¿a@l^
Jovayn^,
is
in
the
field
of
legal
theory
(osáu@l
al-feqh),
a
work
that
came
to
be
known
under
the
title
al-Mankòu@l
men
ta¿l^qa@t
al-osáu@l.
GÚaza@l^
completed
his
studies
in
Jorja@n
and
returned
to
his
home
town,
but
he
again
left
T®u@s
for
N^æa@pu@r
to
study
with
Abu'l-Ma¿a@l^
Jovayn^,
who
was
then
considered
the
most
distinguished
Shafi¿ite
jurist
and
Ash¿arite
theologian.
He
received
from
Jovayn^
license
(see
EJAÚZA)
in
a
variety
of
disciplines
at
a
relatively
young
age.
They
included
positive
law
(foru@¿),
legal
disagreement
(kòela@f),
juridical
disputation
(jadal),
legal
theory,
theology,
and
logic,
all
of
which
were
essential
for
a
thorough
and
comprehensive
legal
education
(Sobk^,
IV,
p.
103).
In
484/1091,
when
GÚaza@l^
was
thirty-four
years
of
age,
he
was
appointed
by
Nezáa@m-al-Molk
as
professor
of
the
Nezáa@m^ya
college
in
Baghdad,
where,
besides
teaching,
he
issued
fatwa@s
and
wrote
a
number
of
legal
treatises.
This
prestigious
appointment
represented
due
acknowledgement
of
his
stature
as
one
of
the
leading
scholars
of
his
day.
Four
years
later,
GÚaza@l^
left
Baghdad
for
Jerusalem
via
Damascus,
stayed
there
for
a
while,
and
then
went
back
to
Damascus,
where
he
resumed
his
activities
as
a
professor
and
moft^
for
about
ten
years.
Little
is
reported
about
his
legal
activities
during
the
period
between
his
departure
from
Damascus
and
his
final
return
to
T®u@s.
We
know,
however,
that
he
stayed
in
several
places,
including
Egypt,
Baghdad,
and
N^æa@pu@r,
and
in
each
place
he
made
contact
with
a
number
of
local
legal
scholars.
In
Táu@s,
he
lived
in
relative
seclusion
and
taught
law
and
mysticism
in
a
college
adjacent
to
his
house
(Sobk^,
IV,
p.
105).
GÚaza@l^
authored
four
works
on
positive
law:
al-Bas^tÂ,
al-Was^tÂ,
al-Waj^z,
and
al-Kòola@sáa,
the
first
of
which
is
the
most
comprehensive
and
based
on
Jovayn^'s
Neha@yat
al-matÂlab.
Al-Was^tÂ
al-mohá^t
be-aqtÂa@r
al-bas^tÂ
was,
as
the
title
indicates,
a
condensation
of
al-Bas^tÂ,
later
abridged
as
al-Waj^z.
In
the
13th
century,
Muháyi-al-D^n
Nawaw^
(d.
676/1277),
could
still
consider
al-Was^tá
and
al-Waj^z
two
of
the
five
most
recognized
works
in
the
Shafi¿ite
school.
¿Abd-al-Kar^m
Ra@fe¿^
(d.
623/1226),
another
Shafi¿ite
author,
wrote
a
commentary
on
al-Wa@j^z,
entitled
Fathá
al-¿az^z,
which
was
abridged
by
Nawaw^
in
a
work
called
al-Rawzµa.
The
heavy
indebtedness
of
the
Shafi¿ite
positive
law
to
GÚaza@l^
is
mainly
due
to
these
two
works
of
Nawaw^
and
Ra@fe¿^
.
Shafi¿ite
law
in
the
12th
and
13th
centuries
depended
heavily
upon
the
contributions
made
during
the
immediately
preceding
period.
The
two
most
influential
jurists
who
shaped
legal
developments
during
the
11th
century
were
Abu@
Esháa@q
^ra@z^
(d.
476/1083)
and
GÚaza@l^.
Both
Ra@fe¿^
and
Nawaw^
largely
drew
on
the
positive
legal
works
of
these
two
authors.
With
the
final
formation
of
the
legal
schools
after
the
middle
of
the
10th
century,
positive
law
was
multifarious,
each
legal
case
having
two,
three,
or
as
many
as
six
or
even
seven
different
solutions.
One
of
the
major
goals
of
the
legal
school
was
to
reduce
this
variety
into
one
authoritative
opinion,
this
being
the
ultimate
juristic
desideratum.
A
jurist's
achievement
in
the
field
of
positive
law
was
measured
by
his
ability
to
determine
which
opinion
was
authoritative
and
which
one
was
not.
It
is
here
that
GÚaza@l^
excelled
and
ensured
that
his
juristic
legacy
would
persist.
In
al-Bas^tÂ,
as
in
his
two
other
works
that
were
based
on
it,
GÚaza@l^
was
able
to
determine
the
strength
of
each
and
any
of
the
opinions
that
had
been
formulated
with
respect
to
a
particular
case.
His
ability
to
make
such
determinations
certainly
established
him
as
an
accomplished
jurist,
for
engaging
successfully
in
such
an
activity
meant
that
the
jurist
possessed
first-rate
competence
in
legal
reasoning,
the
tool
of
the
mojtahed.
In
this
sense,
GÚaza@l^
is
one
of
the
chief
jurists
involved
in
constructing
the
authoritative
positive
doctrine
(madòhab)
of
the
Shafi¿ite
school.
As
part
of
his
activity
as
a
jurist,
GÚaza@l^
was
also
heavily
involved
in
the
study
of
legal
disagreement,
a
discipline
essential
to
the
task
of
determining
the
school's
authoritative
opinions.
In
the
field
of
disagreement,
he
wrote
Beda@yat
al-heda@ya
wa'l-ma÷a@kòedò
fi'l-kòela@f^ya@t,
and
also
Mofasásáal
al-kòela@f
f^
osáu@l
al-q^a@s.
In
addition,
he
wrote
a
number
of
other
works
dealing
with
a
variety
of
legal
issues,
including
Baya@n
al-qawlayn
le'l-a@fe¿^
(highly
relevant
to
the
determination
of
the
school's
authoritative
doctrine),
GÚa@yat
al-g@awr
f^
dera@yat
al-dawr,
and
a
retraction
of
the
latter,
GÚawr
al-dawr
f'l-mas÷ala
al-sorayj^ya,
a
work
of
law
that
depended
to
a
large
extent
on
the
logical
analysis
of
infinite
regress
and
petito
principii.
Aside
from
his
Fata@wa@,
GÚaza@l^
wrote
at
least
three
other
works,
al-Mostasáfa@,
al-Mankòu@l
and
efa@÷
al-g@al^l
f^
baya@n
al-æabah
wa'l-mokò^l
wa-masa@lek
al-ta¿l^l,
all
works
of
legal
theory.
Here,
as
in
positive
law,
GÚaza@l^
made
a
lasting
contribution,
albeit
more
in
form
than
in
substance.
He
was
the
first
jurist
in
Sunni
Islam
to
integrate
logic
into
legal
theory.
At
the
outset
of
his
al-Mostasáfa@
he
provides
a
manual
on
logic,
it
being
the
shortest
in
a
trilogy
of
expositions
of
this
topic
that
includes
Meháakk
al-nazáar
and
Me¿ya@r
al-¿elm.
Although
he
makes
the
study
of
this
introductory
treatise
entirely
voluntary,
he
asserts
most
unequivocally
that
ignorance
of
logic
in
effect
amounts
to
ignorance
of
all
sciences.
However,
when
he
moves
on
to
the
strictly
legal
portion
of
al-Mostasáfa@,
there
is,
surprisingly,
little
sign
of
any
formal
logical
analysis,
such
that
his
treatment
stands
perfectly
within
the
conventions
of
classical
osáu@l
al-feqh.
What
GÚaza@l^
obviously
intended
in
this
treatise
was
not
to
revolutionize
legal
analysis
but
rather
to
insist
on
the
necessity
of
logic
as
the
only
meaningful
tool
by
which
all
inferences
can
be
tightly
moulded
according
to
a
rational
design.
Apart
from
a
number
of
brief
notes
on
legal
theory,
GÚaza@l^'s
Me¿ya@r
consists
largely
of
illustrations
of
the
three
figures
of
the
categorical
syllogism,
together
with
their
moods,
and
featuring
examples
drawn
not
only
from
philosophy
and
theology
but
also
from
law.
This
is
also
done
in
the
case
of
conjunctive
and
disjunctive
syllogisms,
reductio
ad
absurdum
and
induction.
It
is
quite
obvious
that
with
these
examples
GÚaza@l^
was
merely
trying
to
bring
closer
to
the
minds
of
jurists
an
understanding
of
the
logical
structure
of
these
inferences.
There
is
no
attempt
at
analyzing
legal
cases
through
the
medium
of
these
arguments.
Nor
is
there
any
effort
at
identifying,
in
terms
of
standard
logic,
the
distinctive
structure
of
legal
logic.
The
sole
exception
to
this
rule,
however,
is
that
of
analogy,
which
GÚaza@l^,
following
the
Aristotelian
tradition,
insists
must
be
converted
to
a
first
figure
syllogism
in
order
for
it
to
be
logically
valid
(Me¿ya@r
al-¿elm,
p.
165).
GÚaza@l^
regarded
legal
logic
as
that
part
of
the
field
in
which
legal
arguments
are
subjected
to
formalization,
rather
than
as
a
systematic
explication
of
a
particular
series
of
arguments
(Hallaq,
pp.
336
ff.).
While
discarding
most
Greek
philosophical
formulations,
he
tenaciously
clung
to
formal
Aristotelian
logic
and
made
it
the
methodological
foundation
of
all
enquiries.
His
conception
of
formal
logic
as
an
indispensable
instrument
for
all
areas
of
knowledge
is
evidenced
in
the
fact
that
the
examples
that
he
provides
in
his
logical
works
extend
over
a
wide
range
of
religious
sciences.
In
these
same
works,
specific
legal
cases
given
as
examples
are
often
no
more
than
illustrations
of
how
a
demonstrative
argument
must
be
constructed
and
validated.
For
after
all,
GÚaza@l^
tells
us,
"reasoning
about
legal
matters
does
not
differ
from
reasoning
about
rational
sciences
except
in
that
which
concerns
the
premises"
(1961,
p.
60).
Although
for
GÚaza@l^
the
forms
of
legal
and
rational
arguments
are
identical,
one
looks
in
vain
in
his
works
for
an
analysis
of
specifically
legal
arguments
from
the
standpoint
of
logic.
A
noteworthy
exception,
however,
is
found
in
his
otherwise
traditional
legal
work
Sefa@÷
al-g@al^l,
where
in
one
chapter
(pp.
435-55)
he
analyzes,
mostly
in
terms
of
syllogistics,
three
major
legal
arguments
commonly
subsumed
under
juridical
q^a@s,
namely,
causal
demonstration
(q^a@s
al-¿ella),
indicative,
non-causal
demonstration
(q^a@s
al-dala@la),
and
reductio
ad
absurdum
(q^a@s
al-¿aks).
GÚaza@l^'s
conception
of
the
relationship
between
logic
and
law
as
expressed
in
al-Mostasáfa@
seems
to
have
put
the
final
stamp
on
the
attitudes
of
a
number
of
his
successors
toward
the
role
of
logic
in
law.
These
successors,
however,
exercised
a
great
deal
of
caution
in
introducing
into
their
osáu@l
works
the
principles
of
logical
theory
as
expounded
by
GÚaza@l^.
While
following
his
example
closely,
they
have,
with
remarkable
discretion,
chosen
the
most
relevant
parts
of
the
theory
and
imported
them
into
their
jurisprudence.
But
the
fact
remains
that
GÚaza@l^'s
pioneering
endeavor
left
an
indelible
mark
on
the
jurisprudential
thought
of
many
of
his
successors.
Just
as
he
conceived
logic
as
the
organon
of
any
inferential
procedure,
prefaced
his
al-Mostasáfa@
with
a
manual
on
formal
logic,
and
insisted
upon
the
conversion
of
analogy
into
a
first
figure
syllogism,
we
find
many
of
these
successors
to
have
employed
logic
to
ground
their
theories
in
what
is
fundamentally
an
Aristotelian
conception
of
knowledge
(Hallaq,
pp.
318
ff.).
Bibliography:
Abu@
H®a@med
Moháammad
GÚaza@l^,
al-Mankòu@l
men
ta¿l^qa@t
al-osáu@l,
ed.
M®.-Há.
Haytu@,
Damascus,
1980.
Idem,
Meháakk
al-nazáar
fi'l-mantáeq,
ed.
M.
Na¿sa@n^
and
M.
Demaæq^,
Cairo,
n.d.
Idem,
Me¿ya@r
al-¿elm
f^
fann
al-mantáeq,
ed.
S.
Donya@,
Cairo,
1961.
Idem,
al-Mostasáfa@
men
¿elm
al-osáu@l,
2
vols.,
Cairo,
1324/1906.
Idem,
efa@÷
al-g@al^l
f^
baya@n
al-æabah
wa'l-mokò^l
wa-masa@lek
al-ta¿l^l,
ed.
H®.
Kab^s^,
Baghdad,
1390/1971.
Idem,
al-Waj^z
f^
feqh
al-Ema@m
al-afe¿^,
2
vols.,
Cairo,
1317/1899.
For
biographical
information
on
his
legal
career,
see
Ta@j-al-D^n
Sobk^,
T®abaqa@t
al-æa@fe¿^ya
al-kobra@,
6
vols.,
Cairo,
1906,
IV,
pp.
101-82;
Jama@l-al-D^n
Esnaw^,
T®abaqa@t
al-æa@fe¿^ya,
ed.
¿A.
Jobu@r^,
2
vols.,
Baghdad,
1970-71,
II,
pp.
242-45;
Taq^-al-D^n
b.
Ahámad
Ebn
Qa@zµ^
ohba,
T®abaqa@t
al-æa@fe¿^ya,
ed.
¿A.-¿A.
Khan,
4
vols.,
Hyderabad,
1408/1978,
I,
pp.
326-28;
and
H.
Laoust,
La
politique
de
Gazali,
Paris,
1970.
For
his
legal
contribution,
see
W.
B.
Hallaq,
"Logic,
Formal
Arguments
and
Formalization
of
Arguments
in
Sunn^
Jurisprudence,"
Arabica
37,
1990,
pp.
315-58;
R.
Brunschvig,
"Valeur
et
fondment
du
raisonnement
juridique
par
analogie
d'apreàs
al-Gaza@l^,"
in
R.
Brunschvig,
Etudes
d'Islamologie,
2
vols.,
Paris,
1976,
II,
pp.
363-94;
¿A.-M.
Tork^,
"Nazáar^yat
al-
estesála@há
¿enda'l-GÚaza@l^,"
in
Abu@
H®am^d
al-GÚaza@l^:
Dera@sa@t
f^
fikreh
wa-¿asáreh
wa-ta÷t¯^reh,
Rabat,
1988,
pp.
275-90.
H.
M.
Qar^bulla@h,
The
Influence
of
al-Ghaza@l^
upon
Islamic
Jurisprudence
and
Philosophy,
Beirut,
1993.
(WAEL
B.
HALLAQ)
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