Rule-formulation and binding precedent in the madhhab-law tradition : Ibn Qutlubugha's commentary on the compendium of Quduri /
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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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1 online resource. :
Includes bibliographical references and index. :
9789004323292 :
Available to subscribing member institutions only.
Sharḥ al-Taʿarruf li-madhhab al-taṣawwuf /
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The Kitāb al-taʿarruf li-madhhab al-taṣawwuf by Abū Bakr b. Isḥāq al-Kalābādhī (d. 380-85/990-995) is one of the most famous early manuals on Sufism. Written in Bukhara under the strongly orthodox Samanids, it consists of four parts: an explanation of the term ṣūfī and a listing of famous Sufis with a typology of their writings, an exposition of the Sufī creed and its conformity with orthodox Islam, an explanation of the spiritual path of the Sufi with accompanying terminology, and a description of Sufi conduct and of their special relation with God. The work saw four commentaries, the present one by Ismāʿīl Mustamlī Būkhārī (d. 434/1043) being one of them. Starting each time with a brief quotation from the original Arabic, the commentary in Persian. This is a facsimile edition of a manuscript from the Bhīravī collection in the National Archives of Pakistan, dated 473/1081. The manuscript is incomplete, with about half of the commentary missing.
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"Nuskhah bargardān bih qaṭʻ-i aṣl-i nuskhah-i khaṭṭī bih shumārah-i 207.1959. M. N. Mūzih-i Millī-i Pākistān (Karāchī), kitābat-i 473 H." :
1 online resource. :
9789004406216
9786002030634
The Ẓāhirī Madhhab (3rd/9th-10th/16th century) : a textualist theory of Islamic law /
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In this book, Amr Osman seeks to expand and re-interpret what we know about the history and doctrine of the Ẓāhirī madhhab . Based on an extensive prosopographical survey, he concludes that the founder, Dāwūd al-Ẓāhirī, was closer in profile and doctrine to the Ahl al-Ra'y than to the Ahl al-Ḥadīth . Furthermore, Ibn Ḥazm al-Andalusī may have had a damaging effect on the madhhab , which never actually developed into a full-fledged school of law. By examining the meaning of ' ẓāhir ' and modern scholarship on 'literalism', he challenges the view that Ẓāhirism was literalist, proposing 'textualism' as an accurate reflection of its premises, methodology, and goals as a hermeneutical and legal theory.
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Revised version of the author's doctoral thesis--Princeton University, 2010. :
1 online resource. :
Includes bibliographical references and index. :
9789004279650 :
Available to subscribing member institutions only.
The Exoteric Aḥmad Ibn Idrīs : A Sufi's Critique on the Madhāhib and the Wahhābīs /
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The Moroccan mystic and theologian Aḥmad b. Idrīs (1749-1837) was one of the most dynamic personalities in the Islamic world of the 19th century. Through his teachings and the activity of his students important Sufi orders were founded which exerted wide-ranging social and political influence, orders such as the Sanūsiyya in Libya and the Khatmiyya in the Sudan. To date, publications dealing with him have especially focused on his biography and particular aspects of his mystical doctrines. In the present work an Arabic edition and translation with commentary of two texts are made available which throw light on Ibn Idrīs' attitude towards the religious-dogmatic questions of his day and age. The first text, Risālat al-Radd 'alā ahl al-ra'y , provides information about Ibn Idrīs' relation to the Islamic schools of jurisprudence, in particular his position regarding the ijtihād-taqlīd debate which was so significant in the 18th and 19th centuries. Like many similarly minded scholars of his time, Aḥmad b. Idrīs categorically rejects the authority of the established schools of jurisprudence and favors instead the application of personal methods in deriving a legal judgement. The second text presented here is a vivid report by one of his students describing a debate which Ibn Idrīs, at an advanced age, entered into with a Wahhābī theologian in the Yemenite city of sabyā in 1832. The text makes clear with regard to which points Ibn Idrīs hoped to establish agreement with the Wahhābīs, and where it was not possible to reach any mutual understanding. The introduction of the present book examines the tumultuous political circumstances in which both Arabic texts were composed and sketches the larger cultural and intellectual context which shaped Ibn Idrīs' world of ideas.
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1 online resource. :
Includes bibliographical references and index. :
9789004492004
9789004113756