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1978

Religion Law

Reform

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Full-Text Articles in Law

Islamic Law: The Impact Of Joseph Schacht, David F. Forte Jan 1978

Islamic Law: The Impact Of Joseph Schacht, David F. Forte

Law Faculty Articles and Essays

It is here where Schacht's service to Islamic law becomes most salutary. He has made it possible for this great legal tradition to free itself from an unthinking bondage to issues relevant to the second Islamic century, and thus open anew the gate to ijtihad. Mujtahids need no longer fear they are revising divine law when they develop the traditional norms of Islamic law beyond the confines imposed by taqlid. The Sunna of Islam remains the way of the Prophet's devout followers, even though it may not be the way of the Messenger himself. In this fashion, respect for the …