incorporated by Abù£anìfa (d. 150/767) as an
important element in jurisprudence. The jurists of
Kufa also used qiyàs (analogy) in the extension of
Prophetic practice and often formulated the law on
rational grounds as opposed to ruling on the basis
of transmitted practice that purportedly reflected
Prophetic practice.
Kufan society was very cosmopolitan as it was
exposed to different cultures and classes. Its class
distinctions were not felt in the closely-knit Arab
society of Medina. The school of Medina was con-
servative and bound to the laws established in
Medina, whereas, animated by a spirit of inde-
pendent thinking and analogy, the school of Kufa
was eclectic and receptive to foreign legal systems.
The Kufans also incorporated the customs of the
divergent cultures that were prevalent there in-
cluding some Sassanian customs appropriated
from Persia.
The views of another prominent jurist of the
time, Mu™ammad b. Idris al-Shàfi≠ì(d. 205/820),
differed considerably from those of Medina and
Kufa. Shàfi≠ìcontended that the personal opinion
of the jurist must arise within rather than outside of
the perimeters of Prophetic sunna. If this cannot be
demonstrated, he said, then the sunna cannot be
accepted as it might have arisen from the opinions
of local authorities or arbitrary reasoning.
Focusing on the famous Qur±ànic verse “Obey
God and His messenger,” Shàfi≠ìfurther circum-
scribed the definition of the sunna, restricting it to
a textual and transmitted record of Prophetic prac-
tice. The Medinese and Kufans would have to base
their rulings on a universal standard, the sunnaas
reported in accredited traditions. Although he de-
pended on traditions from the Prophet, Shàfi≠ìalso
allowed limited usage of analogy and a more
restricted form of reasoning excluding arbitrary
opinions and discretionary decisions. Recognizing
the presence of spurious traditions he stipulated
strict conditions for the acceptance of traditions.
By insisting on the sunnaof the Prophet, Shàfi≠ìnul-
lified the concept of local practices and arbitrary
reasoning. Through his efforts, the four schools
came to subscribe to a common theory of the
sources of law (Qur±àn, tradition, consensus, and
analogy).
In contrast to the other schools of law, the main
thesis of the ahl al-™adìth (people of tradition) was
that traditions transmitted from the Prophet and
his companions superseded local traditions and
legal injunctions that were derived independently
of revealed sources. They produced traditions to
vindicate their views and based their legal system
on the Qur±àn and traditions purportedly transmit-
overview 441ted from the Prophet. Even though many of these
traditions were spurious, the ahl al-™adìth spurned
all forms of reasoning and some jurists, such as
A™mad b. £anbal (d. 241/855), even claimed that
weak traditions were better than human reasoning.
The use of various hermeneutical devices, expo-
sure to diverse cultural influences, and a variegated
understanding of the sources, derivation, and con-
tents of the sunna were thus important factors that
precipitated differences between the schools and
influenced the rulings that were issued by them.
It is also important to note that the juridical man-
uals were composed in the male-dominated centers
that excluded female voices in Islamic legal dis-
course. Women had little say in relation to the laws
on marriage, divorce, inheritance, female testi-
mony, and so forth. Consequently women’s issues
have depended on “representational discourse”
conducted by male jurists who interpreted and
articulated the rulings related to women. More-
over, patriarchal structures of Arab culture that
prevailed in the eighth and ninth centuries were
often incorporated in the emerging juridical litera-
ture. These were significant factors that influenced
how women were treated in the juridical discourse.The Qur±àn and ™adìth
literature on women
Against the background of a tribal society in
seventh-century Arabia, the Qur±àn ameliorated
the situation of women considerably. It put a stop
to female infanticide and prohibited men from
inheriting the wives of their fathers (4:19). It also
granted women rights of inheritance and permitted
them to possess property. Reflecting the patriarchal
society of seventh-century Arabia, the Qur±àn also
required that men be responsible for the main-
tenance of women. Mu™ammad was asked to
accept the pledge of allegiance from women and
they were not prevented from participating in pub-
lic activities.
Many female figures are praised in the Qur±àn.
Mary is lauded for her piety and is seen as an exam-
ple for all righteous people (66:12). Angels visited
her and God cast His spirit into her. Similarly the
Qur±àn has words of praise for the wife of the
Pharaoh for protecting and rearing Moses and
commends the Queen of Sheba for her wisdom in
accepting Solomon’s invitation to submit to God
(27:43).
The pro-female tone of the Qur±àn is not repli-
cated in the ™adìth literature. Many traditions
incorporated in the ™adìth literature that was com-
piled in the ninth and tenth centuries denigrated the
position of women. The negative cultural evalua-