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