Introducing the Fiqh of Prayer (Introducing Fiqh) (Volume 1)

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This ossification of Islamic law was a direct reaction to challenges plaguing the empire: “after the loss of so much of the learning of the past, the destruction of manuscripts and the slaughter of scholars, it was more important to recover what had been lost than to inaugurate more change.” The ulema fought to maintain what little influence they still had by invoking ‘the closure of the door of ijtihad’ and arguing that any “new decision. .. would be based on previously recorded determinations.” In common law terms, it would be as if the principle of stare decisis or preservation of precedent had suddenly become an insurmountable obstacle to the continued development of the law, preventing the application of new ideas or understandings to previously visited questions.

Pages: 226

Publisher: CreateSpace Independent Publishing Platform; updated edition (second) edition (September 14, 2014)

ISBN: 1502378337

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