ABSTRACT
The conventional wisdom is that Islamic law arose sui generis from Islam as soon as it appeared, or in other words, from the very beginning Islam created the concept of Islamic law with all of its doctrinal and practical implications, and that consequently, the institution of the ulemas was established very early on, with the same prerogatives that they had in later periods. This vision, which was promoted in particular by Sunni ulemas in the third/ninth century, is still prevalent among the faithful as well as some specialists. Although J. Schacht criticizes the vision of the ulemas, it is evident for him that the “law” has always held a central place in Islam. However, according to Schacht, what he calls Muslim “jurisprudence” has its beginnings under the Umayyads. He even makes the decisions of the Umayyad authorities one of the steps in this “jurisprudence.” This is why one of the criticisms that can be levied against Schacht is his implication there is continuity between Umayyad legislation and “Islamic law.” However, it is precisely due to confusion about the word “law” that he, like others, adopted the idea of legal continuity between early Islam and the Islam of later periods. Strictly speaking, Islamic law emerges between the third/ninth century and the fourth/tenth century. Up to this “invention,” Muslims obeyed the laws issued by the caliphs as well as local customs. Moreover, these customs never really disappeared, despite the fact that several of them were challenged and sometimes eradicated.
