Karim Mahmoud El-Shahed

This PhD thesis investigates the relationship between Islamic law and theology. It explores the influence of the doctrines of Islamic theology (kalam) on the understanding and formulation of the science of the origins of Islamic jurisprudence (usul al-fiqh). Therefore, this thesis examines the impact of five theological doctrines – the Mo’tazely, the Asha’ry, the Matoridy, the Hanabaly and the Imami Shi’a – to comprehend the logical sources of Islamic legislation, according to five schools of jurisprudence: the Hanafy, the Maliky, the Shafiey, the Hanbaly, and the Ja’fry .

The logic of both jurisprudence and theology is that they are independent disciplines. However, by examining the history of Islamic scholarship, we can find various illustrations which prove that this is not accurate, and that the principles of Islamic theological doctrines had significant consequences on Islamic jurisprudence in general and the origins of Islamic jurisprudence specifically. T his thesis argues that the open and enlightened perception of God (theology) leads to a more adaptable and progressive understanding of His law (jurisprudence). Hence, the instant study seeks to answer the following query: How have the convictions of the scholars of Islamic theology influenced their theorizing of the logical sources of Islamic legislation?

Supervisor: Dr C.E. (Clare) Wilde