Rule-formulation and binding precedent in the madhhab-law tradition : Ibn Qutlubugha's commentary on the compendium of Quduri /

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Bibliographic Details
Author / Creator:Al-Azem, Talal, author.
Imprint:Leiden ; Boston : Brill, [2017]
©2017
Description:1 online resource
Language:English
Series:Islamicate Intellectual History ; v. 2
Islamicate intellectual history.
Subject:
Format: E-Resource Book
URL for this record:http://pi.lib.uchicago.edu/1001/cat/bib/11757456
Hidden Bibliographic Details
ISBN:9789004323292
9004323295
9789004322837
9004322833
Notes:Includes bibliographical references and index.
Print version record and CIP data provided by publisher; resource not viewed.
Summary: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.
Other form:Print version: Al-Azem, Talal. Rule-formulation and binding precedent in the madhhab-law tradition. Leiden ; Boston : Brill, [2016] 9789004322837