Author: Al-Azem, Talal.
Title: Rule-formulation and binding precedent in the madhhab-law tradition. Ibn Qutlubugha's commentary on the compendium of Quduri.
Description: Leiden & Boston, Brill, [2016]. [XV],257 pp. 13 col. & b./w. figs. Orig. hardcover (boards). 8vo. (Islamicate Intellectual History, Vol. 2). [ISBN: 978-90-04-32283-7]. - As new.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 (tarji?) 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 Quylubugha's (d. 879/1474) al-Tashih wa-al-tarjih, Al-Azem presents a new periodisation of the ?anafi madhhab, analyses the theory of ruleformulation, and demonstrates how this madhhab-law tradition facilitated both continuity and legal change while serving as the basis of a pluralistic Mamluk judicial system. - Text in English. - Publisher's retail price: € 130,80

Keywords: Law Recht / Islam Theology Islam Justice Recht / Islam Theologie