Al-Qa?i al-Nu?man was the chief legal theorist and ideologue of the
North African Fatimid dynasty in the tenth century. This
translation makes available in English for the first time his major
work on Islamic legal theory, which presents a legal model in
support of the Fatimids' principle of legitimate rule over the
Islamic community. Composed as part of a grand project to establish
the theoretical bases of the official Fatimid legal school,
Disagreements of the Jurists expounds a distinctly Shi?i system of
hermeneutics, which refutes the methods of legal interpretation
adopted by Sunni jurists. The work begins with a discussion of the
historical causes of jurisprudential divergence in the first
Islamic centuries, and goes on to address, point by point, the
specific interpretive methods of Sunni legal theory, arguing that
they are both illegitimate and ineffective. While its immediate
mission is to pave the foundation of the legal Isma?ili tradition,
the text also preserves several Islamic legal theoretical works no
longer extant--including Ibn Dawud's manual, al-Wu?ul ila ma?rifat
al-u?ul--and thus throws light on a critical stage in the
historical development of Islamic legal theory (u?ul al-fiqh) that
would otherwise be lost to history.
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