Read e-book online Authority, Conflict, and the Transmission of Diversity in PDF

By R. Kevin Jaques

ISBN-10: 143561464X

ISBN-13: 9781435614642

ISBN-10: 9004147454

ISBN-13: 9789004147454

This publication seems to be at ?abaq?t al-fuqah?? al-sh?fi??yah by way of Ibn Q??? Shuhbah (d. 851/1448) and the way its writer tried to painting the improvement of the Sh?fi?? institution of legislations as much as his personal occasions. the quantity examines the impression of crises at the formation of the ?abaq?t style. It demonstrates how ?abaq?t, devoted to explicating non secular authority, have been utilized by authors to sort-out demanding situations to highbrow orthodoxies. It additionally examines intimately the ?abaq?t without delay, demonstrating Ibn Q??? Shuhbah’s depiction of the improvement of Sh?fi?? legislations, the formation of highbrow sub-schools in the madhhab, the explanations of criminal decline, and curatives for the decline which are to be present in the nice Sh?fi?? Ikhtil?f (divergent opinion) texts: the ?Az?z shar? al-waj?z via al-R?fi?? and the Raw??t al-??lib?n by means of al-Nawaw?.

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Extra resources for Authority, Conflict, and the Transmission of Diversity in Medieval Islamic Law (Studies in Islamic Law and Society)

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Instead, he is interested in the development of levels of juridical authority and especially of the ability of low and middle level ‘affiliated’ jurists to discover new rules in the texts of revelation. He describes a process whereby legal abilities decline, but one in which high level mujtahids continue to exist to answer questions of special need. For Ibn Qà∂ì Shuhbah, low and middle level jurists are the ones most responsible for maintaining the law, and their decline prompts the rise of a class of memorizers of legal dicta that do not have the ability to carry-out basic legal functions, thus threatening the existence of the community and precipitating the crises of the period.

47 Reisman, “A Holograph MS of Ibn Qà∂ì Shuhbah’s ‘Dhayl ’,” 22. 48 Al-Sakhàwì, al-Îaw" al-làmi', vol. 11, 22. , 24. 50 Reisman, “A Holograph MS of Ibn Qà∂ì Shuhbah’s ‘Dhayl ’,” 30, 44. 51 For the value of such work, see Claude Cahen, “Editing Arabic Chronicles: A Few Suggestions,” 1–25. 53 Additionally, he wrote four †abaqàts, one for the Óanafì school, which is no longer extant,54 one on grammarians and lexicographers whose name begin with Mu˙ammad,55 a short commentary on ˇabaqàt fuqahà" al-yaman by al-Ja'dì (d.

The confidential secretary was one of the most powerful positions that a non-Mamlùk could hold within the Mamlùk state and gave the official uncommon access to the Sul†àn.

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Authority, Conflict, and the Transmission of Diversity in Medieval Islamic Law (Studies in Islamic Law and Society) by R. Kevin Jaques


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