The Theory of Context (lkhtilāf al-Hālayn) and the Problem of Ikhtilāf in Islamic Legal Theory

Abstract

As the various parts of the Qur'ān were revealed in many different situations, and the orders contained in the sunnah also belong to various periods, a closer examination of the relationship between these “contexts” and the problem of ikhtilāf is necessary. Since these two foremost sources of Islamic law have come to Muslims in the language, grammar and morphology of the Arab, the study of this neglected area in Arabic and its relation to legal studies is likely to be of use to those interested in legal conflicts as well as in linguistics. The concern of this paper is the theory of context as it was conceived of by Imām al-Shāfi‘ī (d.204 H) in the second\third century of Ḥijrah before it was developed by Western scholars/linguists in the early twentieth century.