The jurist Ebu's-suud (c. 1490-1574) occupies a key position in the
history of Islamic law. An Ottoman tradition, which began in the
seventeenth century and which modern historians often reiterate,
asserts that Ebu's-suud succeeded in harmonizing the secular law
with the "shari 'a," creating, in effect, a new ideal Islamic legal
system. This book examines the validity of this assertion.
The author begins by choosing five areas of Islamic law for
analysis: the Sultan and legal sovereignty; land tenure and
taxation; trusts in mortmain; marriage and the family; and crimes
and torts. In each of these areas, he lays out the most important
rules and concepts in the Islamic juristic tradition, and then
gives his translations of a selection of Ebu's-suud's writings on
the topic in question, with a brief analysis. From these materials,
the author suggests that readers draw their own conclusions as to
whether Ebu's-suud did indeed reconcile Ottoman secular legal
practice with the sacred law.
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