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On Taqlid - Ibn al Qayyim's Critique of Authority in Islamic Law (Hardcover)
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On Taqlid - Ibn al Qayyim's Critique of Authority in Islamic Law (Hardcover)
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Abdul-Rahman Mustafa offers a deft new translation of a large
extract from the book I'lam al Muwaqqi'in 'An Rabb al 'Alamin, by
the thirteenth-century Islamic scholar, Ibn Qayyim al Jawziyya. The
I'lam comprises an extensive discussion of the subject of taqlid,
or legal imitation. It is one of the most comprehensive treatments
of Islamic legal theory and even today serves as a manual for
mujtahids and muftis. In the portion of the I'lam Mustafa has
translated, Ibn Qayyim introduces the nature of taqlid and divides
it into several categories. He then provides an account of a debate
between a critic of the view that taqlid of a particular school or
a scholar is a religious duty and this critic's interlocutor. Among
the topics discussed are the different kinds of taqlid, the
differences between taqlid and ittibi', the infallibility of
religious scholars, the grounds on which one legal opinion might be
preferred over another, and whether or not laymen can be expected
to perform ijtihad. Ibn Qayyim's legal theory is a formidable
reformulation of traditionalist Hanbalism, a legal-theological
tradition that has always maintained a distinctive character in
Islamic history and that is now growing more influential due to
modern interest in the Wahhabi movement and in Ibn Taymiyya, whose
legal and theological thought was edited and refined by his
student, Ibn Qayyim. In his introduction to the translation,
Mustafa critically reviews the scholarship on taqlid and outlines
Ibn Qayyim's legal theory and the importance of taqlid within it.
Taqlid continues to generate controversy amongst educated Muslims
and particularly academics, as Salafi interpretations of Islam,
which are generally 'anti-taqlid,' come into conflict with the
generally 'pro-taqlid' stance of traditional schools such as the
Hanafis. Mustafa's translation of a classic account of Islamic
legal theory and strong critique of the dominant legal culture are
timely contributions to an increasingly heated debate.
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