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

Administrative / Constitutional Law › Islamic Law

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

By Samy A. Ayoub
Oxford University Press January 2020

Specifications

ISBN-13
9780190092924
Publisher
Oxford University Press
Publication
January 2020
Format
Hardback
Jurisdiction
U.S. ? Countri(es) for reference only

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.

Table of Contents

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
Appendix D. Examples of Ma'rudat Abi al-Su'ud in Radd al-Muhtar
Appendix E. Thematic Tables of the Mecelle Articles
Bibliography
HKD 1,481.68 −3%
HKD 1,527.50

Inclusive of HK delivery

Ready to ship
Delivery Time: around 4-5 weeks
Extra 10 working days if shipping address outside Hong Kong
  • Free HK shipping over HK$1,000
  • International shipping to 35+ countries
Order Form
Save

Recommended

You may also be interested in these books:

More titles from Administrative / Constitutional Law

View all
The English Historical Constitution
Cambridge University Press

The English Historical Constitution

John Allison
HKD 504.27
The Common Law Inside the Female Body
Cambridge University Press

The Common Law Inside the Female Body

Anita Bernstein
HKD 428.74
Proportionality: New Frontiers, New Challenges
Cambridge University Press

Proportionality: New Frontiers, New Challenges

Vicki Jackson; Mark Tushnet
HKD 1,626.69
Constitutionally Conforming Interpretation – Comparative Perspectives, Volume 2: Connections and Analysis
Hart Publishing

Constitutionally Conforming Interpretation – Comparative Perspectives, Volume 2: Connections and Analysis

Matthias Klatt
HKD 1,765.40
Beyond Bilateralism: A Theory of State Responsibility for Breaches of Nonbilateral Obligations
Edward Elgar Publishing

Beyond Bilateralism: A Theory of State Responsibility for Breaches of Nonbilateral Obligations

Sarah Thin
HKD 1,349.27
Judicial Review 2nd Edition Pre-order
W. Green

Judicial Review 2nd Edition

The Right Hon Lord Clyde; Denis Edwards
HKD 2,593.50