Rule-formulation and binding precedent in the madhhab-law tradition : Ibn Qutlubugha's commentary on the compendium of Quduri / Talal Al-Azem.

Format:

Book

Author/Creator:

Al-Azem, Talal.

Series:

Islamicate Intellectual History 2.

Islamicate intellectual history ; v. 2

Language:

English

Subjects (All):

Islamic law--Interpretation and construction.

Islamic law.

Hanafites.

Ibn Quṭlūbughā, al-Qāsim ibn ʻAbd Allāh, 1399 or 1400-1474 or 1475.

Ibn Quṭlūbughā, al-Qāsim ibn ʻAbd Allāh.

Qudūrī, Aḥmad ibn Muḥammad, 972 or 973-1037. Mukhtaṣar al-Qudūrī.

Qudūrī, Aḥmad ibn Muḥammad.

Physical Description:

1 online resource (273 pages) : illustrations (some color), graphs.

Place of Publication:

Leiden ; Boston : Brill, [2016]

Summary:

In Rule-Formulation and Binding Precedent in the Madhhab-Law Tradition , Talal Al-Azem argues for the existence of a madhhab -law tradition’ of jurisprudence underpinning the four post-classical Sunni schools of law. This tradition celebrated polyvalence by preserving the multiplicity of conflicting opinions within each school, while simultaneously providing a process of rule formulation ( tarjīḥ ) by which one opinion is chosen as the binding precedent ( taqlīd ). The predominant forum of both activities, he shows, was the legal commentary. Through a careful reading of Ibn Quṭlūbughā's (d. 879/1474) al-Taṣḥīḥ wa-al-tarjīḥ , Al-Azem presents a new periodisation of the Ḥanafī madhhab , analyses the theory of rule formulation, and demonstrates how this madhhab -law tradition facilitated both continuity and legal change while serving as the basis of a pluralistic Mamluk judicial system.

Contents:

Front Matter

Introduction

Authors

History

Theory

Practice

Conclusion

The Writings of Qudūrī

Jurists Cited by Ibn Quṭlūbughā

Works Cited by Ibn Quṭlūbughā

Bibliography

Index.

Notes:

Includes bibliographical references and index.

Description based on print version record and CIP data provided by publisher; resource not viewed.

ISBN:

90-04-32329-5

Publisher Number:

10.1163/9789004323292 DOI