Islamic Law and the State
The Constitutional Jurisprudence of Shih?b al-D?n al-Qar?f?
Series: Studies in Islamic Law and Society; 1;
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Product details:
- Publisher BRILL
- Date of Publication 1 January 1996
- ISBN 9789004104587
- Binding Hardback
- No. of pages254 pages
- Size 235x155 mm
- Weight 590 g
- Language English 0
Categories
Short description:
A discussion of the constitutional jurisprudence of an important Egyptian jurist of the M?lik? school, Shih?b al-D?n al-Qar?f?.
MoreLong description:
This book deals with an Ayy?bid-Maml?k Egyptian jurist's attempt to come to terms with the potential conflict between power, represented in the state, and authority, represented in the schools of law, particularly where one school enjoys a privileged status with the state. It deals with the history of the relationship between the schools of law, particularly in Maml?k Egypt, in the context of the running history of Islamic law from the formative period during which ijtih?d was the dominant hegemony, into the post-formative period during which taql?d came to dominate. It also deals with the internal structure and operation of the madhhab, as the sole repository of legal authority. Finally, the book includes a discussion of the limits of law and the legal process, the former imposing limits on the legal jurisdiction of the jurists and the schools, the latter imposing limits on the executive authority of the state.
'Mit dieser Darstellung gewährt der Verf. einen tiefen und fruchtbaren Enblick in die Funktionsweise der Shar?'a innerhalb eines staatlichen Gefüges.'
Benjamin Jokisch, Bibliotheca Orientalis, 1998.
Table of Contents:
A discussion of the constitutional jurisprudence of an important Egyptian jurist of the Maliki school, Shihab al-Din al-Qarafi.
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