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Main Features of the Schools of Law


- These schools of law work by an opinion developed by the first generations in Medina.

- Analogy is linked to the limit that the expert gives himself: he is aware that he can be mistaken.

- The personal opinion of the judge is relevant, then it comes the effort of interpreting.
IX century is the richest period of these schools, then we notice a stop of this effort of interpreting.

- They created a sort of static condition. The Abbasid caliphate has reached the maximum of richness of culture, then it came a slow decline until XII century -> destruction of the caliphate.

Islamic law has different interpretation. The hadith is the same, but the change of opinion is really different now.
-> e.g. Egypt: there was a film that created a big shock in the debate in the oldest university in Cairo. It was about a woman who had two kids. She had a terrible husband, who didn’t let her work. Politicians started to discuss about this and Sadat organized a law who permitted the divorce for women.


It’s important to give a more adaptable interpretation of law. But this law could not have any chance to work in Saudi Arabia or in Libya.
Years after they changed the opinion and the law was not applied anymore.

Tratto da COURSE NOTES OF "ISLAMIC CULTURE" di Luca Porcella
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