Rule-formulation and binding precedent in the madhhab-law tradition : Ibn Qutlubugha's commentary on the compendium of Quduri /
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 confli...
Main Author:
Format: eBook
Language: English
Published:
Leiden ; Boston :
Brill,
[2016]
Series:
Islamicate Intellectual History
2.
Middle East and Islamic Studies E-Books Online, Collection 2017, ISBN: 9789004325999.
Subjects:
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Call Number: KBP440.43.I264
| 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. |
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| Physical Description: | 1 online resource. |
| Bibliography: | Includes bibliographical references and index. |
| ISBN: | 9789004323292 |
| Access: | Available to subscribing member institutions only. |