By F. Forsberg, F. Saharil, T. Haraldsson, N. Roxhed, G. Stemme, W. van der Wijngaart, F. Niklaus
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Carbonnier, Droit Civil, 30, 35-36. Lasser, "Judicial (Self-) Portraits," argues against Carbonnier that courts actually employ precedent and strive for rule coherence. " We well recognize that without all these events, which fall outside "law," law would be a disembodied, formal abstraction; indeed, much of the criticism of Western legal science in this century, by lawyers and social scientists, points out distortions due to this narrow conception of law. Meanwhile, in fiqh, the theory of ijtihad is a single thread uniting all these acts, representing them all as elaborations or determinations of the law.
The schools in their accepted views may offer two, three, or four alternatives among them, and then within each school and among schools and scholars predating these schools will appear other possibilities. Except for the Qur'an, all of the above sources of Saudi law, even the collections of hadfths of the Prophet, were compiled or written by scholars, the 'ularna5. The authority of 'ulama' to produce these texts rests on their status as scholars, and not on any official or formal positions they may hold such as judge or instructor in a scholarly institution.
48 This scholar is asserting that, apart from what is known of a certainty from the Qur'an and sunna, law remains indeterminate, and no generally applicable statements of law can bind. 50 I shall call this conception of law "microcosmic," referring to its atomic quality as law, involving only an individual law-maker and a unique case, and also its 46 By this term is meant, judging from his use of it elsewhere, fiqh rulings in the abstract. Cf. al-Qaraft, Ihkdm, 80, referring to the fatwa as "sharc camm" while the qadf's judgment is peculiar to the specific facts.
[Article] A comparative study of the bonding energy in adhesive wafer bonding by F. Forsberg, F. Saharil, T. Haraldsson, N. Roxhed, G. Stemme, W. van der Wijngaart, F. Niklaus