Name: Rule-Formulation and Binding Precedent in the Madhhab-Law Tradition: Ibn Quṭlūbughā’s Commentary on The Compendium of Qudūrī
Brand: Brill Nijhoff
SKU: 9789004322837
Price: 1556.10 HKD
Availability: InStock
Author: Talal Al-Azem
ISBN: 9789004322837

Rule-Formulation and Binding Precedent in the Madhhab-Law Tradition: Ibn Quṭlūbughā’s Commentary on The Compendium of Qudūrī

By Talal Al-Azem

Brill Nijhoff August 2016

Specifications

ISBN-13: 9789004322837
Publisher: Brill Nijhoff
Publication: August 2016
Format: Hardback
Jurisdiction: Netherlands ? Countri(es) for reference only

Details

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 (tarjīḥ) by which one opinion is chosen as the binding precedent (taqlīd). The predominant forum of both activities, he shows, was the legal commentary.

Through a careful reading of Ibn Quṭlūbughā's (d. 879/1474) al-Taṣḥīḥ wa-al-tarjīḥ, Al-Azem presents a new periodisation of the Ḥanafī 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.