History of the Development of Jurisprudence in Second Caliph Era from the Perspective of Legal Anthropology: Legitimacy of Hajj al-Tamattu’

Although the beginning of the formation of jurisprudence schools in the early second century is officially reported in the history of Islam, but the development of different jurisprudential tendencies is rooted in the diverse religious life of the Companions and tabi’in in the first century. Islamic jurisprudence and law in the first century had a cultural nature and was woven into everyday life. Also, the development of Islamic law was accompanied by tension and social conflict within the Muslim society. Finally, these tensions formed a range of jurisprudence schools with different logics and legal structures. Therefore, the anthropological-cognitive analysis of the bio-jurisprudence of the Companions and followers to understand the differences between the jurisprudence schools of the second century is the problem of this study. The achievement of this article is the differentiation of jurisprudential-legal agencies of early Islam. In this article, by separating the network of legal activists, two legal agencies with different ideals and worldviews and distinct values were identified. The primitive jurisprudential system represented the ruling culture of the peninsula and was built by combining Islamic values for the benefit of the ruling values of the society. The prophetic system was also derived from holy revelation and prophetic sanctity. With the approach of legal anthropology in the era of the second caliph, the authors have examined the issue of Mut’ah-Hajj from the perspective of the aforementioned two agencies and have shown the fundamental difference between the sources and their jurisprudential-leg l logic. Both prophetic and primitive agency continued to exist in the first century and at the beginning of the second century they had a direct effect on the formation of the five schools of jurisprudence.