THE ORGANISATION OF PROFESSIONAL
In Part One, the madhhab of law was referred to as a legal guild. I have written elsewhere showing that the conditions proposed as required for the existence of a guild existed in classical Islam, in the case of the madhhab of law. 1 In contradistinction to the madhhabs of grammar and of kalām, the madhhab of law, by the fifth/eleventh century, fulfilled the conditions required for the existence of a guild, as these have been determined by modern scholarship. It was organised (1) into an association all of whose members were engaged in legal studies; (2) within a definite area: an Islamic city, for example, Baghdad; (3) constituting a unit: i.e. a madhhab, (4) fulfilling the need for (a) restricted practices: for example, legal studies restricted to members of the madhhab, fellowships to graduates chosen by the master- jurisconsult, a licence to teach granted to qualified candidates who have fulfilled the requirements to the satisfaction of the master-jurisconsult; and (b) social functions: for example, issuing fatwās to the faithful soliciting them, providing education in the law and ancillary subjects; (5) with officers and functionaries chosen from among the members of the madhhab. for example, professors, deputy-professors, repetitors, monitors; and (6) headed by a headman: ra'is al-madhhab, the head of the madhhab. 2
Moreover, the madhhab, as legal guild, had the same tripartite structure in classical Islam, in the guild colleges of law, as in the later guilds of higher learning in the Christian West, the universities and the college-universities, as well as in the craft and trade guilds, as is illustrated in the diagram overleaf.
The new institutional structure, serving exclusively the needs of Traditionalism, consisted of four elements: (1) a legal guild; (2) its guild colleges (later, in the Christian West, the guild-university); (3) its programme of legal studies, based on the scholastic method of disputation; and (4) its professional licence to teach (later, the Latin licentia docendi, 'the doctorate'). These new Islamic institutions were developed from old ones, upgraded to serve the needs of the new structure. The legal guild was created from the madhhab of law; the guild colleges, the madrasas, from the masjidkhan complex, developed from the masjid; the programme of legal studies, with its graduate training in the method of disputation, from the already