Islamic Law and the State: The Constitutional Jurisprudence of Shihāb Al-Dīn Al-Qarāfī

Erscheinungsjahr 1996
ISBN: 978-90-04-10458-7
Verlag: Brill

Buch, Englisch, Band 1, 254 Seiten, Format (B × H): 159 mm x 241 mm, Gewicht: 553 g

Reihe: Studies in Islamic Law and Society

This book deals with an Ayyubid-Mamluk 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 Mamluk Egypt, in the context of the running history of Islamic law from the formative period during which ijtihad was the dominant hegemony, into the post-formative period during which taqlid 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.

Autoren/Hrsg.

Jackson, Sherman A.

Fachgebiete

• Geisteswissenschaften Islam & Islamische Studien Islamisches Recht
• Rechtswissenschaften Ausländisches Recht Islamisches Recht
• Geisteswissenschaften Islam & Islamische Studien Islam & Islamische Studien

Über Autor(innen)

Sherman A. Jackson, Ph.D. (1991) in Oriental Studies, University of Pennsylvania, is Assistant Professor of Arabic and Islamic Studies at Indiana University. He has published several articles on Islamic law and jurisprudence, history and theology.