Home >
Law >
Islamic Law >
Law, Empire, and the Sultan: Ottoman Imperial Authority and Late Hanafi Jurisprudence

Law, Empire, and the Sultan: Ottoman Imperial Authority and Late Hanafi Jurisprudence

Author: Samy A. Ayoub
Publisher: Oxford University Press
ISBN: 9780190092924
Published In: January 2020
Format: Hardback
Jurisdiction: U.S. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 1,462.50

HKD 1,418.63 Save HKD 43.87 (3%)

Download Order Form

Add to Wishlist
| Add to Compare

Description
Contents

Details

This book is the first study of late Hanafism in the early modern Ottoman Empire. It examines Ottoman imperial authority in authoritative Hanafi legal works from the Ottoman world of the sixteenth to nineteenth centuries CE, casting new light on the understudied late Hanafi jurists (al-muta'akhkhirun). By taking the madhhab and its juristic discourse as the central focus and introducing "late Hanafism" as a framework of analysis, this study demonstrates that late Hanafi jurists assigned probative value and authority to the orders and edicts of the Ottoman sultan. This authority is reflected in the sultan's ability to settle juristic disputes, to order specific opinions to be adopted in legal opinions (fatawa), and to establish his orders as authoritative and final reference points. The incorporation of sultanic orders into authoritative Hanafi legal commentaries, treatises, and fatwa collections was made possible by a shift in Hanafi legal commitments that embraced sultanic authority as an indispensable element of the lawmaking process.

Note on Transliteration

List of Figures

About the Author

Introduction

Chapter 1. Ibn Nujaym: The Father of Late Hanafism?

Chapter 2. "The Sultan Says": Ottoman Sultanic Authority in Late Hanafi Tradition

Chapter 3. If Abu Hanifa Were Here: Authority, Continuity, and Revision in Late Hanafi Jurisprudence

Chapter 4. Ottoman Rationale for Codification: The Mecelle

Conclusion

Appendix A. Examples of Early and Late Hanafi Opinions in Ibn Abidin's Hashiya

Appendix B. Examples of Ma'rudat in al-Haskafi's al-Durr al-Mukhtar

Appendix C. Examples of Early and Late Hanafi Opinions in Radd al-Muhtar