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Notes from Robert Gleaves Scripuralist Islam:

The Akhbr Legal School of Thought


In order to properly understand the context in which Akhbr thought first emerged,
a sketch of the jurisprudential scene of the region first needs to be given.
Prior to Akhbr thought
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In comparison to Sunnis, the early Sh scholars did not utilize the tool of
ijtihd as a valid method of deducing legal rulings due to the Sh notion of
knowledge of Gods will remaining available after the Prophets death in the
form of an inspired individual the Imam who serves as a spiritual and
legal guide for the community of believers (Gleave).
The Shia were able to attain legal and theological teachings and responses
from the Imams themselves.
Sh legal theory thus developed much later upon the greater disappearance
of the 12th Imam (al-Ghayba al-Kubra)
After originally holding an anti-ijtihd position, a movement emerged namely
from the Usl al-Fiqh work of Allamah al-Hilli (d. 726/1325) that advocated
the use of ijtihd. With the absence of an Imam, there was a need to develop
an effective method of attaining Gods laws from the Ahdth (pl. of Hadth) of
the Imams that were either silent on a specific matters, ambiguous or
contradictory in nature as a result of the use of Taqiyya (religious
dissimulation for the preservation of ones life). (explain what Taqiyya is and give
example of when al-Sadiq [as] disassociates from Zurara to protect him.. maybe use footnotes exam)

The model chosen was that of ijtihd a legal tool of derivation first used by
Sunni scholars along with Qiyas (analogical reasoning). The former was
adopted whereas the latter was piquantly rejected and considered as a form
of heresy by Sh scholars on account of numerous Ahdth from the Imams
strongly condemning the use of Qiyas in deducing legal rulings.

What is Akhbr thought?


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Al-Astarbd
The Akhbr position strongly criticized several legal conclusions reached by
Usli Scholars, but more important, it was distinguished by its complete
rejection of the use of ijtihd as a valid method of deducing legal rulings from
the Qurn & the Sunnah.
Al-Astarbd in his a famed work al-Fawid al-Madaniyya, postulated an
alternative methodology of deducing Gods law within a Sh framework
He proposed____
Akhbr thought is thus generally categorized as unique legal school within
Shiism.

The emergence of the Akhbryya

Notes from Robert Gleaves Scripuralist Islam:


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The general thesis of scholarship has held that Akhbr thought arose with
Muhammad Ameen al-Astarbd & his al-Fawid al-Madaniyya.
Majority of al-Astarbd contemporaries were Usoolis and al-Fawid alMadaniyya served as a critique (?) of the dominant position in Sh legal
theory of the time: Uslism
As noted by Gleave, this thesis has been challenged by recent scholarship
which argues there were elements of Akhbr jurisprudence prior to alAstarbd.
Newman suggests that some seemingly uniquely Akhbari views such
as: the rejection of a legitimate govt. during the Occultation of the
Imam; validity of Jumuah (Friday) Prayers; and the distribution of
community taxes.
Firstly by Madelung, and then later by Kolhberg, Newman & Stewart.
Al-Jbir in al-Fikr al-Salafi [pp. 277-321], also contends the history of
Akhbrism predates al-Astarbd. (foot note 20)
Broader theological issues: Legitimacy of reason as a source of
knowledge and the nature and role of the Imam
Overall, the movement has been classified strictly as fiqh (legal)
School within Sh Islam and not a distinctive sect with its own
theological as well as legal differences with classical Twelverism
(Immiyya)
Although al-Astarbd was instrumental in bringing to the fore an
alternative methodology, his new Schools rulings were contested
legal opinions prior to his advent.

Khabar al-Wahid reports use Tariq Jamils report

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