Islamic Law and the State : The Constitutional Jurisprudence of Shihāb al-Dīn al-Qarāfī /
Jackson, Sherman A.,
Islamic Law and the State : The Constitutional Jurisprudence of Shihāb al-Dīn al-Qarāfī / The Constitutional Jurisprudence of Shihāb al-Dīn al-Qarāfī Sherman A. Jackson. - 1 online resource (296 pages) : illustrations. - Middle East and Islamic Studies - Book Archive pre-2000 Studies in Islamic Law and Society ; 1 . - Middle East and Islamic Studies - Book Archive pre-2000. Studies in Islamic Law and Society ; 1. .
Includes bibliographical references and index.
Preliminary Material / Sherman A. Jackson -- Acknowledgments / Sherman A. Jackson -- Introduction / Sherman A. Jackson -- Chapter One Shihāb Al-Dīn Al-Qarāfī: Curriculum Vitae / Sherman A. Jackson -- Chapter Two The Egyptian Context / Sherman A. Jackson -- Chapter Three The Madhhab : Al-Qarāfī’s Constitutional Unit / Sherman A. Jackson -- Chapter Four The Limits of Law Against the Tyranny of the MADHHAB / Sherman A. Jackson -- Chapter Five The Judiciary and Conflict of Laws: Against the Tyranny of Ibn Bint Al-Aʿazz / Sherman A. Jackson -- Chapter Six Defining the Legal Jurisdiction of the State: Against the Tyranny of Government / Sherman A. Jackson -- Conclusion / Sherman A. Jackson -- Bibliography / Sherman A. Jackson -- Index / Sherman A. Jackson.
This book deals with an Ayyūbid-Mamlūk 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 Mamlūk Egypt, in the context of the running history of Islamic law from the formative period during which ijtihād was the dominant hegemony, into the post-formative period during which taqlīd 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.
English
9789004661165
10.1163/9789004661165 DOI
Constitutional law (Islamic law)--History.
Islam and state--History.--Egypt
Judicial process (Islamic law)
KBP2101
340.5909
Islamic Law and the State : The Constitutional Jurisprudence of Shihāb al-Dīn al-Qarāfī / The Constitutional Jurisprudence of Shihāb al-Dīn al-Qarāfī Sherman A. Jackson. - 1 online resource (296 pages) : illustrations. - Middle East and Islamic Studies - Book Archive pre-2000 Studies in Islamic Law and Society ; 1 . - Middle East and Islamic Studies - Book Archive pre-2000. Studies in Islamic Law and Society ; 1. .
Includes bibliographical references and index.
Preliminary Material / Sherman A. Jackson -- Acknowledgments / Sherman A. Jackson -- Introduction / Sherman A. Jackson -- Chapter One Shihāb Al-Dīn Al-Qarāfī: Curriculum Vitae / Sherman A. Jackson -- Chapter Two The Egyptian Context / Sherman A. Jackson -- Chapter Three The Madhhab : Al-Qarāfī’s Constitutional Unit / Sherman A. Jackson -- Chapter Four The Limits of Law Against the Tyranny of the MADHHAB / Sherman A. Jackson -- Chapter Five The Judiciary and Conflict of Laws: Against the Tyranny of Ibn Bint Al-Aʿazz / Sherman A. Jackson -- Chapter Six Defining the Legal Jurisdiction of the State: Against the Tyranny of Government / Sherman A. Jackson -- Conclusion / Sherman A. Jackson -- Bibliography / Sherman A. Jackson -- Index / Sherman A. Jackson.
This book deals with an Ayyūbid-Mamlūk 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 Mamlūk Egypt, in the context of the running history of Islamic law from the formative period during which ijtihād was the dominant hegemony, into the post-formative period during which taqlīd 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.
English
9789004661165
10.1163/9789004661165 DOI
Constitutional law (Islamic law)--History.
Islam and state--History.--Egypt
Judicial process (Islamic law)
KBP2101
340.5909