The article contributes to the unsettling of the Western paradigm of “law and religion,” by examining the overlapping of the two categories in the context of Jewish, Islamic, and Zoroastrian discussions of legality and revelation in the early Abbasid period. With regard to all three legal traditions, the article traces a process of theologization of the law (and minimization of the role of human agency in effecting the content of revelation), on the one hand, and one of textual demarcation and confinement of the law (in line with the principle of “legality”), on the other hand.
The article argues that Sherira, Shāfiʽī and Manuščihr played a particularly significant role in framing and articulating these broad processes, by insisting on the textual confinement of God’s revelation as pronounced at the initial revelatory moment in the Mishnah-cum-Talmud, Hadith, and Zand (alongside the Torah, Quran and Avesta). This, in turn, paved the way for regarding these corpora as the exclusive, complete, and authoritative articulation of the law. Indeed, the parallel diachronic shifts evident in the three religious traditions points to a broader legal-theological turn in the early Abbasid period, which bears significant implications on the history of the dynamics of law and religion.