Joseph Schacht’s Concept of Right in Islamic Law: An Analysis

Abstract

While writing about the sacred law of Islam, Joseph Schacht expresses his concerns and doubts about the origins of Islamic law calling it Muhammadan Jurisprudence. He believed that Islamic law is not a Divine law and that Prophet Muhammad (peace be upon him) had no role as a legislator. Schacht’s writings influenced many Western scholars, many of whom subscribe to his thesis. This paper discusses Schacht’s approach towards Islamic law which he calls Muhammadan jurisprudence and continues to analyze his assumption that Islamic Law does not recognize the term right, comparing it with thoughts and opinions of other scholars and mentioning evidences brought forth by both the parties.