A Research Review of Hallaq's Ideology about Evolution of Islamic law in Prophetic Period (610 C.E-632 C.E)

Abstract

Wael B. Hallaq is a famous Scholar of the twentieth century. His books and articles are a big source of knowledge to understand the oriental approach to Sharia. He has two points of view on Islamic law. In the first case, for the development of Islamic law, we must take historical, gradual, and evolutionary concepts into account. He broadly concurs with western philosophers in this aspect. This first component of Hallaq's theories' may be renamed as the theory of evolution of Islamic law. This theory has two steps. One is the origination of sources of sharia and the 2^nd is the development of theories of law. In Hallaq’s opinion, the origins of Islamic law were proposed by Prophet Muhammad Peace be upon Him, therefore it is much important to understand Hallaq’s ideology about personality of prophet and his proposed origins of law. Hallaq's views on the Prophet of Islam are similar to those of other Orientalists. In his books, he has mostly discussed the Prophet of Islam's political and legal life. Furthermore, in Hallaq’s writings both the political and legal aspects have been described as variable and dubious.From a political point of view, the invitation of the Prophet of Islam (peace be upon him) was renamed New Political Word Order by Hallaq. Whereas the call of the Prophet of Islam, may Allah bless him and grant him peace, has been declared variable and metaphorical by the law. This article describes the ideology of Hallaq about Prophetic Period as a ‘’Theory of Evolution of Islamic law’’.

Key Words: Theory of Evolution of Islamic law, Quranic Legality, Comprehensive Diversion in Islamic law.