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In defense of two-tiered orthodoxy: A study of Shihab al-Din al-Qarafi's ``Kitab al-Ihkam fi Tamyiz al-Fatawa `an al-Ahkam wa Tasarrufat al-Qadi wa al-Imam''.
Connect to full text Available online
View online- Format:
- Book
- Thesis/Dissertation
- Author/Creator:
- Jackson, Sherman A.
- Language:
- English
- Subjects (All):
- Middle Ages.
- Middle East--History.
- Middle East.
- History.
- Religion--Philosophy.
- Religion.
- 0322.
- 0333.
- 0581.
- Local Subjects:
- 0322.
- 0333.
- 0581.
- Physical Description:
- 250 pages
- Contained In:
- Dissertation Abstracts International 52-07A.
- System Details:
- Mode of access: World Wide Web.
- text file
- Summary:
- This is a study of a monograph written by a Maliki jurist in 7th/13th century Ayyubid-Mamluk Egypt.
- Chapter One is an overview of the life and times of Shihab al-Din al-Qarafi (d.684/1285). It also traces the relationship among the schools of law in Ayyubid-Mamluk Egypt.
- Chapter Two looks into the immediate historical circumstances that prompted al-Qarafi to write this work. In particular, I discuss the problematic relationship between the Shafi'i Chief Justice of Egypt and judges from the remaining schools of law.
- Chapter Three is a detailed analysis of al-Qarafis defense of the inviolable status of the rulings handed down by judges from all four schools, even when these happen to differ from the view of the Chief Justice.
- Chapter Four treats the madhhab (school of law), including al-Qarafis perspective on ijtihad and taqlid, the manner by which the view of a school is reached and the status of the various views within a school. I also discuss his distinction between law and non-law and its impact on the function of muftis as interpreters of the religious law.
- Chapter Five treats the judicial process, its limits and the limits placed on judges in adjudicating the law. According to al-Qarafi judges have jurisdiction of fact but not of law, the latter being the preserve of the madhhab. This is why the rulings of judges are inviolable; for they represent not the view of the judge but of his school, which is orthodox, by consensus.
- Notes:
- Source: Dissertation Abstracts International, Volume: 52-07, Section: A, page: 2683.
- Adviser: George Makdisi.
- Thesis (Ph.D.)--University of Pennsylvania, 1991.
- Local Notes:
- School code: 0175.
- Access Restriction:
- Restricted for use by site license.
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