Rule-Formulation and Binding Precedent in the Madhhab-Law Tradition - Ibn Qutlubugha's Commentary on The Compendium of Quduri (Hardcover)

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 (tarjih) by which one opinion is chosen as the binding precedent (taqlid). The predominant forum of both activities, he shows, was the legal commentary. Through a careful reading of Ibn Qutlubugha's (d. 879/1474) al-Tashih wa-al-tarjih, Al-Azem presents a new periodisation of the Hanafi 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.

General

Imprint:	Brill
Country of origin:	Netherlands
Series:	Islamicate Intellectual History, 2
Release date:	November 2016
First published:	2017
Authors:	Talal Al-Azem
Dimensions:	235 x 155 x 20mm (L x W x T)
Format:	Hardcover
Pages:	258
ISBN-13:	978-90-04-32283-7
Categories:	Books > Law > Jurisprudence & general issues > Legal history Books > Law > Other areas of law > Islamic law Books > Humanities > History > Asian / Middle Eastern history > General Books > Humanities > Religion & beliefs > Non-Christian religions > Islam Books > History > Asian / Middle Eastern history > General Books > Religion & Spirituality > Non-Christian religions > Islam Promotions
LSN:	90-04-32283-3
Barcode:	9789004322837

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