Harmonizing Similarities : A History of Distinctions Literature in Islamic Law / Elias G. Saba.

Format:

Book

Author/Creator:

Saba, Elias G., Author.

Series:

Islam -- thought culture, and society ; Volume 1.

Islam - Thought, Culture, and Society ; 1

Language:

English

Subjects (All):

Islamic law--History.

Islamic law.

Physical Description:

1 online resource (ix, 248 pages).

Place of Publication:

Berlin ; Boston : De Gruyter, [2019]

Language Note:

In English.

Summary:

"Harmonizing Similarities" is a study of the legal distinctions (al-furūq al-fiqhiyya) literature and its role in the development of the Islamic legal heritage. This book reconsiders how the public performance of Islamic law helped shape legal literature. It identifies the origins of this tradition in contemporaneous lexicographic and medical literature, both of which demonstrated the productive potential of drawing distinctions. Elias G. Saba demonstrates the implications of the legal furūq and how changes to this genre reflect shifts in the social consumption of Islamic legal knowledge. The interest in legal distinctions grew out of the performance of knowledge in formalized legal disputations. From here, legal distinctions incorporated elements of play through its interactions with the genre of legal riddles. As play, books of legal distinctions were supplements to performance in literary salons, study circles, and court performances; these books also served as mimetic objects, allowing the reader to participate in a session virtually. Saba underscores how social and intellectual practices helped shape the literary development of Islamic law and that literary elaboration became a main driver of dynamism in Islamic law.

Contents:

Frontmatter

Acknowledgements

Contents

Introduction

Chapter One: What Is a Legal Distinction?

Chapter Two: A General History of Distinctions

Chapter Three: Jadal as a Source for Legal Writings: The Cases of Khilāf and Furūq

Excursus: The Logic of Legal Distinctions

Chapter Four: Riddles and Entertainment

Chapter Five: A Bibliographic Survey of the Distinctions Genre

Conclusion

Appendix I: Bibliography of Furūq Works by Madhhab

Appendix II: Chronological Furūq Bibliography

Appendix III: The Manuscripts of Furūq-A: Table of Contents

Appendix IV: The Manuscripts of Furūq-B (Najm al-Dīn Naysābūrī, attrib.): Table of Contents

Works Cited

Index

Notes:

Includes bibliographical references and index.

Description based on online resource; title from PDF title page (publisher's Web site, viewed 06. Apr 2020)

ISBN:

9783110604399

3110604396

9783110605792

3110605791

OCLC:

1125185913