In the years after the passing away of Muhammad, the next stage of legal development began with the rise of “proto-qadis” (judges) who, though appointed by political authorities, quickly achieved a measure of independence from the “state.” These proto-qadis, according to Hallaq, began as arbitrators, administrators, even storytellers, but they quickly began to create specific legal administrative structures.

As time progressed, judges developed into a fully independent cultural and religious institution that, while dependent on political authorities for financial support, stood outside political control. As the judgeship became increasingly regularized, a parallel class of legal specialists developed who became members of, or worked to advise, the judiciary. These legists first came together in small discussion circles in the decades following Muhammad’s death in 632. The leaders of these discussion circles began to develop reputations for “embodying” religious knowledge, thereby developing “epistemic authority” and concentrating within themselves the sole power to interpret the texts of revelation.

According to Hallaq, epistemic authority became the hallmark of Islamic law and allowed jurists to remain independent of state power. When intellectual communities formed around these authorities in the late eighth and early ninth centuries, two dominant intellectual/religious trends materialized: one, largely antirationalist, promoted “tradition(al)ism” that emphasized Muhammad (his actions and sayings) as the normative model for behavior, and another that sought to promote human reason as the primary tool for interpreting revelation.

Following the failed inquisition, or Mihna (833–850) of traditionalist scholars by the Abbasid Caliphate (encouraged by the rationalists), a “Great Synthesis” emerged that combined aspects of traditionalism with forms of reason. Synthesizing scholars discouraged religious radicalism on either extreme and promoted a “middle path” between reason and traditionalism. Synthesizing scholars also promoted the formation of doctrinal schools (madhhabs) and sought to couch their ideas and opinions in a corporate identity as increasing levels of epistemic authority became focused on them.

With the establishment of these doctrinal schools, Islamic law reached its full maturity and remained, according to Hallaq, one of the most unique experiments in mediating the relationship between religion and “state” until being dismantled by postcolonial governments in the twentieth century.

R. Kevin Jacques (Book Review), American Historical Review December 2006, pp 1637-38: WAEL B. HALLAQ. The Origins and Evolution of Islamic Law. (Themes in Islamic Law I.) New York: Cambridge University Press 2005.