رسالة د. كهلان الخروصي
الجزء ١ · صفحة ٢٥… The first thing that one notices in this work is the attention given to the authenticity of every transmission. Although most of the material of the book consists of juristic opinions narrated on the authority of J~bir b. Zayd، it has been transmitted in a very consistent narrative methodology، a method usually used for recording ˆad‚th but not fiqh. A good example of how these early authorities applied rules of transmitting ™ad‚ths on legal opinions (fat~w~) is tradition [4] in the text where J~bir gave his opinion and when told about Ibn Mas`ƒd’ s opinion، J~bir replied: 'if we had found this reported through a credible trustworthy transmitter we would have taken it'. We should bear in mind that most of the events and questions in our text arose in Iraq، where the system for transmitting and reporting non-Prophetic traditions were not strictly adhered to(1) in the way found in the ™ij~z nor was the reliance on Prophetic ˆad‚ths in deriving legal opinions at the same level of that of ahl al-™ij~z.
(1) This does not mean that there is a distinct line can be drawn between the two schools (Iraqi and ™ij~z‚ ) but as a general feature the Iraqis use ra|y and qiy~s in their discussions and arguments rather than being traditionalists like the ™ij~z‚s، see for good analysis `Abd al-Maj‚d، Maˆmƒd، al-Madrasa al-fiqhiyya li-l-muˆaddith‚n (1972)، pp.19-79 and C. Melchert، The formation of The Sunn‚ schools of law، Ch. I، II & III.