Authority, conflict, and the transmission of diversity in medieval Islamic law / by R. Kevin Jaques.

Format:

Book

Thesis/Dissertation

Author/Creator:

Jaques, R. Kevin.

Series:

Studies in Islamic law and society 1384-1130 ; v. 26.

Studies in Islamic law and society, 1384-1130 ; v. 26

Language:

English

Subjects (All):

Ibn Qāḍī Shuhbah, Abū Bakr ibn Aḥmad, 1377-1448.

Ibn Qāḍī Shuhbah, Abū Bakr ibn Aḥmad.

Islamic law--Historiography.

Islamic law.

Islamic Empire--History--1258-1517.

Islamic Empire.

History.

Physical Description:

xvii, 299 pages : illustrations, genealogical table (folded) ; 25 cm.

Place of Publication:

Leiden ; Boston : Brill, 2006.

Summary:

This book looks at Tabaqat al-fuqaha' al-shafi 'iyah by Ibn Qadi Shuhbah (d. 851/1448) and how its author attempted to portray the development of the Shafi'i school of law up to his own times. The volume examines the impact of crises on the formation of the tabaqat genre. It demonstrates how tabaqat, dedicated to explicating religious authority, were used by authors to sort-out challenges to intellectual orthodoxies. It also examines Ibn Qadi Shuhbah's Tabaqat in detail, demonstrating his depiction of the development of Shafi'i law, the formation of intellectual sub-schools within the madhhab, the causes of legal decline, and curatives for the decline that are to be found in the great Shafi'i Ikhtilaf (divergent opinion) texts: the 'Aziz sharh al-wajiz by al-Rafi'i and the Rawdat al-talibin by al-Nawawi.

Contents:

Introduction: Crisis, Legal Decline, and the Tabaqat Genre 1

Historiography, eschatology, and the ideology of crisis 4

Biography and the discourse of legal and moral decline 9

An overview of the development of the tabaqat genre 10

Tabaqat and the crisis of authority during the Mamluk period 17

Tabaqat al-fuqaha' al-shafi'iyah and the crises of the Circassian period 22

Overview of the study 23

Chapter 1 A Brief Biography of Ibn Qadi Shuhbah 27

Early life and family 27

Education and life as a scholar 28

Professional career 35

Crisis and the first edition of the Tabaqat 38

Overview of the text 41

Ibn Qadi Shuhbah's rise and fall and the final editions of his Tabaqat 48

Final years 51

Chapter 2 A Brief Discursus on the Diversity of Source Material and Authorial Choice 55

The Formation of biographical traditions 56

Thematic variation: The example of Abu al-Qasim

al-Daraki 63

Al-Hakim's Tarikh nisabur 64

Al-'Abbadi's Kitab tabaqat al-fuqaha' al-shafi'iyah 66

Abu Ishaq al-Shirazi's Tabaqat al-fuqaha' 68

Al-Khatib al-Baghdadi's Tarikh baghdad 71

Thematic variation and Ibn Qadi Shuhbah's biography 76

Terminological variation and authorial choice 84

Chapter 3 Micro-Textual Rhetorical Strategies in Ibn Qadi Shuhbah's Text: Authority, Death, and the Origins of Ikhtilaf in the Shafi'i Madhhab 89

A socio-rhetorical analysis of tabaqat 89

Micro-textual rhetorical strategies 91

Allusion: kinayah, ta'rid and ramz 93

Causation in legal tabaqat 102

Legal tabaqat as an expression of a jurisprudential historiography 103

The hypertextual nature of tabaqat texts 106

Chapter 4 Macro-Textual Rhetorical Strategies: Trends in Learning as Indicators of Intellectual Development 115

Ranking and classification 117

Repetition 120

Akhadha 123

Ishtaghala/Ashghala 125

Qara'a 128

Takharraja 131

Hassala and bahatha 134

Darasa/Darrasa and Tafaqqaha 135

Progression 139

Chapter 5 The Development of Trends in the Transmission of 'Ilm 149

Ibn Qadi Shuhbah's reconstruction of Islamic legal history 152

Mujtahids 164

Furu' and ikhtilaf 166

The three ashabs 167

Madhhab 173

Hafiz 174

Tariq 176

A Model of Islamic Legal History 176

Chapter 6 The Development of Legal Methodologies and the Decline of Legal Thinking 187

The early development of legal method: al-Shafi'i's usul 189

Ibn Qadi Shuhbah's depiction of usul al-fiqh 192

The rise of 'ulum al-'aql (the sciences of reason) 195

The development of sub-schools of legal method 198

Specializations in the expedient sciences and the decline of legal thought 214

Chapter 7 Curatives for the Decline of Law 225

Substantive rules and madhhab: Legal consensus and limited Khilaf 229

The transmission of ikhtilaf 233

The origins of ikhtilaf 234

The difference between the authority to espouse a divergent opinion and to debate divergent opinions 235

The texts of ikhtilaf 239

The al-Muzani complex of ikhtilaf texts 240

The al-Ghazali complex of ikhtilaf texts 243

Al-Matlab fi sharh al-wasit 245

Al-Wajiz 246

Al-'Aziz sharh al-wajiz 247

Al-Rawdat al-talibin 252

Chapter 8 Ibn Qadi Shuhbah, Crisis, and His Authority 255

Authority and the production of tabaqat texts 257

Lineage 258

Intellectual Pedigree 267.

Notes:

Revision of the author's dissertation (doctorate)-- Emory University, 2001.

Includes bibliographical references (pages [281]-291) and index.

ISBN:

9004147454

OCLC:

62493611