482 REMARKS UPON TH5 



(kit-al/i) the traditionary law [Soonnut ;) the concur- 

 rence of the prophet's com|>anions {Ijmad ;) and ana- 

 logy, or analogical reasoning (Xfv-^^). For, when any 

 legal question arose, respecting what was lawful or un- 

 lawful, a reoular investigation took place, in the follow- 

 ing manner. First, they searched the book of 

 Almighty God (the Kormi ;) and if any clear text were 

 found in it, such was adhered to. But, if not, they 

 sought for a precept, or eximple, of the Prophet; and 

 abided by it, if applicable, as decisive. If none such 

 were discovered, they inquired for a concurrent opi- 

 nion of the zahabah ; who, being directed in the 

 right way, are not open to suspicion of misleading ; 

 and therefore, if their sentiments could be ascertained, 

 on the point in question, they were deemed conclu- 

 sive. If not, an ultimate resort was had to analogy 

 and reason ; the variety of contingent events being in- 

 finite ; whereas the texts of the law are finite. It thus 

 appears certain that the exercise of reason may be pro- 

 per and necessary in legal disquisition. Ima'm Da'ood 

 of Isfahan^ however, entirely rejected the exercise of 

 reason ; whilst, on the contrary, Aboo Huneefah 

 was so much inclined to it, that he frequently preferred 

 it, in manifest cases, to traditions of single authority. 

 But Ma'lik, Shafiiee, and Ien-i Hunbul, had 

 seldom recourse to analogical argument, whether mani- 

 fest or recondite, when they could apply either a posi- 

 tive rule, or a tradition. This gave rise to their dif- 

 ferent opinions and judgment ; which are recorded in 

 books that treat of their disputations ; yet neither infi- 

 delity, or error, is to be charged against them on this 

 account." 



The four principal jurists, and founders of sects, 

 among the soonees, who are noticed by Aboo'l Furuj, 

 have been particularly mentioned in the notes oil 



