The jurists
group · 5 works · 7 mentions · 10 anchored passages
the jurists · الفقهاء · al-fuqahāʼ · Jurists · al-fuqahāʾ · ancient jurists · fuqahāʼ · jurisconsults · jurisprudence · jurists
spoken of as
1 expressionJurists2 mentions
Institutes of Roman Law (English) · Ancient Law (English)
But all these branches of statute-process fell gradually into great discredit because the excessive subtlety of the ancient jurists made the slightest error fatal;
in the texts
Bayān zaghl al-ʻilm wa-al-ṭalab
The jurists, invoked twice as a standard: the old masters of fiqh knew hadith better than the present specialists, and their scruple shames the muftis who answer before being asked.
So do not be deluded by those whose fatwā outruns the asking, though they come nowhere near the sandals of those imams, the jurists.
And how many a man renowned in the old time for jurisprudence and for legal reasoning (*raʼy*) is better in hadith than the moderns;
The men of the shares are included among the jurists, since it is one book among the books of jurisprudence.
Institutes of Roman Law
Roman legal experts referred to collectively as the source of doctrinal interpretation and development.
The jurists who considered that a defendant who desired a formula arbitraria was guilty by confession of the delict laid to his charge, must have supposed that the only function of the judex in this case was assessment of damages (litis aestimatio), Dig.
Juristic possession (jus possessionis) does not depend on a legal title to possess (jus possidendi) like ownership, but simply on the fact of a man’s having actual control of a thing with the intention of maintaining it.
the ingenuity of the jurists:
Kitāb al-Safīnah al-Nūḥīyah fī al-sakīnah al-rūḥīyah
The class of religious lawyers, whose loss of standing in the author's time the father cites as a reason to steer his son to medicine instead.
Then he occupied me with the study of jurisprudence for a short while, since it was his intention to teach me a great deal of medicine, because of the dying down and the obscurity that had befallen the jurists, and because he saw the greatness of the need of the living for physicians.
Ancient Law
Legal scholars whose consistent doctrine explains why certain classes of persons remain under status rather than contract.
The great majority of Jurists are constant to the principle that the classes of persons just mentioned are subject to extrinsic control on the single ground that they do not possess the faculty of forming a judgment on their own interests;
Kitāb al-Zawrāʼ wa-al-taʻlīqāt ʻalayhi
The legal scholars whose usage of essential impurity the gloss defends by showing it is compatible with the ruling being temporally restricted and posited.
for the sense of essential impurity in the usage of the jurists, in the case of wine for example, does not conflict with its being restricted to a determinate time, since its sense is not that it is required by the essence of wine — how could it be, when the rulings of the Law are, all of them, posited?