Trying to assess the place of the Hadith collector from Samarqand Abu Hafs al-Nasafi (1068-1142) in the juridical history of Central Asia, the author of this short but well-informed study begins with a recollection of the initial role played in the region by the Shafi‘i school of law, from Abu Bakr Muhammad al-Qaffal al-Shashi (d. 976) to Central Asian theologians and jurists like al-Maturidi (d. 944), al-Dabusi (d. 978) and al-Sarakhsi (d. 1088). Al-Nasafi’s treaty Tahsil usul al-fiqh wa tafsil al-maqalat fiha ‘ala al-wajh [The Study of the Methodology of Jurisprudence and the Details of Important Views on It] is analysed as a succession of contradictions to the respective contributions by those earlier ‘ulama’ from Transoxiana. So doing, the author properly puts back these legal arguments in the public debate of the time. Details provided here concern primarily the key issue of the sources of jurisprudence, with developments on the typology of commandments from the Qur’an, on the different levels of the Prophet’s tradition (qawli, fi‘li, sukuti), on the solicitation of the ijma‘ (the consensus of the scholars) and of the qiyas (reasoning through analogy).

Stéphane A. Dudoignon, National Centre for Scientific Research, Paris
CER: II-4.3.D-409