| Rule-Formulation and Binding Precedent in the Madhhab-Law Tradition: Ibn Quṭlūbughā's Commentary on the Compendium of Qudūrī Contributor(s): Al-Azem, Talal (Author) |
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ISBN: 9004322833 ISBN-13: 9789004322837 Publisher: Brill OUR PRICE: $136.80 Product Type: Hardcover - Other Formats Published: November 2016 |
| Additional Information |
| BISAC Categories: - History | Asia - General - History | Middle East - General - Religion | Islam - General |
| Series: Islamicate Intellectual History |
| Physical Information: 0.8" H x 6.3" W x 9.4" (1.15 lbs) 276 pages |
| Themes: - Cultural Region - Asian - Cultural Region - Middle East |
| Descriptions, Reviews, Etc. |
| Publisher Description: 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. |