Authority, Conflict, and the Transmission of Diversity in by R. Kevin Jaques

By R. Kevin Jaques

This e-book appears to be like at ?abaq?t al-fuqah?? al-sh?fi??yah via Ibn Q??? Shuhbah (d. 851/1448) and the way its writer tried to painting the advance of the Sh?fi?? institution of legislations as much as his personal occasions. the quantity examines the effect of crises at the formation of the ?abaq?t style. It demonstrates how ?abaq?t, devoted to explicating spiritual authority, have been utilized by authors to sort-out demanding situations to highbrow orthodoxies. It additionally examines intimately the ?abaq?t at once, demonstrating Ibn Q??? Shuhbah’s depiction of the improvement of Sh?fi?? legislation, the formation of highbrow sub-schools in the madhhab, the factors of criminal decline, and curatives for the decline which are to be present in the good Sh?fi?? Ikhtil?f (divergent opinion) texts: the ?Az?z shar? al-waj?z through al-R?fi?? and the Raw??t al-??lib?n by means of al-Nawaw?.

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Extra info for Authority, Conflict, and the Transmission of Diversity in Medieval Islamic Law (Studies in Islamic Law and Society)

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54 In fact, biographies were so compre53 Rosenthal, 303. See his Studies on the Civilization of Islam, ed. Stanford J. Shaw and William R. Polk (Boston: Beacon Press: 1962), 108. 56 ˇabaqàt texts, 55 Tarif Khalidi, Arabic Historical Thought in the Classical Period (Cambridge: University Press, 1994), 210. 56 There has been extensive work done on and with biographical literature in the Islamic tradition. The following represents a brief list of texts that are important examinations and applications of the genre.

Mar˙am al-Zuhrì (d. 795/1392), Ma˙mùd b. Mu˙ammad b. A˙mad b. Mu˙ammad b. A˙mad al-Sharìshì (d. 795/1393), Mu˙ammad b. A˙mad b. 'Ìsà b. 'Asàkìr b. Sa'd al-Suwadì, better known as Ibn Maktùm (d. 797/1395), 'Ìsà b. 'Uthmàn b. 'Ìsà Sharaf al-Dìn Abù al-Raw˙ al-Ghazzì (d. 799/1397), 'Abd al-Ra˙màn b. Mu˙ammad b. A˙mad al-Dhahabì, better known as Abù Hurayrah (d. 799/1397), A˙mad b. Ràshid b. ˇurkhàn Shihàb al-Dìn Abù al-'Abbàs al-Malkàwì (d. 803/1401), 'Umar b. Raslàn al-Bulqìnì (d. 805/1403), and Jamàl al-Dìn 'Abdallàh b.

Instead, he is interested in the development of levels of juridical authority and especially of the ability of low and middle level ‘affiliated’ jurists to discover new rules in the texts of revelation. He describes a process whereby legal abilities decline, but one in which high level mujtahids continue to exist to answer questions of special need. For Ibn Qà∂ì Shuhbah, low and middle level jurists are the ones most responsible for maintaining the law, and their decline prompts the rise of a class of memorizers of legal dicta that do not have the ability to carry-out basic legal functions, thus threatening the existence of the community and precipitating the crises of the period.

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