Authority, Conflict, and the Transmission of Diversity in Medieval Islamic Law


著者: Kevin Jaques
This book looks at Ṭabaqāt al-fuqahāʾ al-shāfiʿīyah by Ibn Qāḍī Shuhbah (d. 851/1448) and how its author attempted to portray the development of the Shāfiʿī school of law up to his own times.
The volume examines the impact of crises on the formation of the ṭabaqāt genre. It demonstrates how ṭabaqāt, dedicated to explicating religious authority, were used by authors to sort-out challenges to intellectual orthodoxies. It also examines in detail the Ṭabaqāt directly, demonstrating Ibn Qāḍī Shuhbah’s depiction of the development of Shāfiʿī law, the formation of intellectual sub-schools within the madhhab, the causes of legal decline, and curatives for the decline that are to be found in the great Shāfiʿī Ikhtilāf (divergent opinion) texts: the ʿAzīz sharḥ al-wajīz by al-Rāfiʿī and the Rawḍāt al-ṭālibīn by al-Nawawī.

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R. Kevin Jaques, Ph.D. (2001) in West and South Asian Religions, Emory University, is an Assistant Professor of Religious Studies at Indiana University.
"This book is an important contribution to the study of Islamic law with significant observations about Islamic learning in the period of the madrasa and the self-view of fifteenth century jurists." Yaacov Lev in Jerusalem Studies in Arabic and Islam Volume 34 (2008)

"This is a serious work of scholarship, which will be of interest to scholars of Islamic law, Middle East history, and Arabic biography. The insights offered by Jaques’ book will hopefully encourage other scholars to carry out similar studies on other biographical works, especially ones pertaining to other law schools."
Justin Stearns in MESA - RoMES 44.1 (2010).
All those interested in Islamic law, medieval Islamic history, Mamluk history, the social history of medieval education, the development of intellectual traditions.