"[The author] 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 (tarj) by which one opinion is chosen as the binding precedent (taql d). The predominant forum of both activities, he shows, was the legal commentary. Through a careful reading of Ibn Qu l bugh 's (d. 879/1474) al-Ta wa-al-tarj, Al-Azem presents a new periodisation of the anaf 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."-- Back cover.
Bibliography, etc. Note
Includes bibliographical references (pages 234-244) and index.
Formatted Contents Note
Authors History Theory Practice Conclusion Appendix 1: The writings of Qudūrī Appendix 2: Jurists cited by Ibn Quṭlūbughā Appendix 3: Works cited by Ibn Quṭlūbughā.
KBP440.43.I264 A8 2017
Available in Other Form
Online version: Al-Azem, Talal, author. Rule-formulation and binding precedent in the madhhab-law tradition. Leiden ; Boston : Brill,