Islamic Law and the State : The Constitutional Jurisprudence of Shihāb al-Dīn al-Qarāfī / Sherman A. Jackson.
Material type:
TextLanguage: English Series: Middle East and Islamic Studies - Book Archive pre-2000 | Studies in Islamic Law and Society ; 1.Publisher: Leiden ; Boston : Brill, 1996Copyright date: ©1996Description: 1 online resource (296 pages) : illustrationsContent type: - text
- computer
- online resource
- 9789004661165
- The Constitutional Jurisprudence of Shihāb al-Dīn al-Qarāfī
- 340.5909 23
- KBP2101
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
Description based on print version record.
There are no comments on this title.