The Origins of Islamic Law: The Qur'an, the Muwatta' and Madinan Amal (Culture and Civilization in the Middle East)

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If the Qur'an is the first written formulation of Islam in general, Malik's Muwatta' is arguably the first written formulation of the Islam-in-practice that becomes Islamic law. This book considers the methods used by Malik in the Muwatta' to derive the judgements of the law from the Qur'an and is thus concerned on one level with the finer details of Qur'anic interpretation. However, since any discussion of the Qur'an in this context must also include considerations of the other main source of Islamic law, namely the sunna, or normative practice, of the Prophet, this latter concept, especially its relationship to the terms of hadith and amal (traditions and living tradition), also receives considerable attention, and in many respects, this book is more about the history and development of Islamic law than it is about the science of Qur'anic interpretation.
This is the first book to question the hitherto accepted frameworks of both the classical Muslim view and the current revisionist western view on the development of Islamic law. It is also the first study in a European language to deal specifically with the early development of the Madinan, later Malik, school of jurisprudence, as it is also the first to demonstrate in detail the various methods used, both linguistic and otherwise, in interpreting the legal verses of the Qur'an. It will be of interest to all those interested in the underlying bases of Islamic law and culture, and of particular interest to those involved in studying and teaching Islamic studies, both at undergraduate and research level. It will also be of interest to those studying the relationship between orality and literacy in ancient societies and the writing down of ancient law.

The Origins of Islamic Law: The Qur'an, the Muwatta' and Madinan Amal (Culture and Civilization in the Middle East) Review

Dutton's work is fascinating for numerous reasons, but the most prominent among them is the amount of detail spent in examining the jurisprudence of the Medinans, specifically as represented by Malik. I found much of what Dutton wrote to be healthy balance to some of the more extreme interpretations of Goldziher and Schacht insofar as Dutton is able to supercede the naivity of the current traditional approach to hadith among Muslim scholars of Islamic law while simultaneously integrating the conclusions of critical scholarship. Essential to the work and one of its main contributions as well is the treatment of the Qur'an as a source for jurisprudence and legal reasoning in Islam alongside the sunnah, 'amal, ra'y, etc.

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