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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.
Sabʿ rasāʾil /
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The history of Islamic philosophy was shaped by many great thinkers over a long period of time. As is well known, the Persianate world played an important role in this, almost from the very beginning. In the fifteenth and sixteenth centuries, the city of Shiraz saw the rise of a number of thinkers who together came to represent the 'School of Shiraz' in philosophy. A major figure in this school was Jalāl al-Dīn Dawānī (d. 908/1502-03). A specialist in theology and philosophy, Dawānī's fame reached much beyond the confines of Shiraz, from the Ottoman empire all the way to the Indian subcontinent. Dawānī's religious proclivities have been subject of debate, the question being if he ever really was a Sunnī. It is therefore not without significance that the present volume should contain two works by him on Sunnī philosophical theology as well as three other texts of unmistakeably Shīʿī signature.
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Added t. pages in Roman script: Sabʻ Rasāʻil / ʻAllāmah Jalāl al-Dīn al-Dawānī and Mullā Ismāʻīl al-Xāǰūʼī al-Iṣfahānī :
1 online resource. :
9789004402393
9789646781504