Browse results

You are looking at 1 - 7 of 7 items for :

  • International Law x
  • Theology and World Christianity x
  • All content x
Clear All

Rule-Formulation and Binding Precedent in the Madhhab-Law Tradition

Ibn Quṭlūbughā’s Commentary on The Compendium of Qudūrī

Series:

Talal Al-Azem

In Rule-Formulation and Binding Precedent in the Madhhab-Law Tradition, Talal Al-Azem argues for the existence of a madhhab-law tradition’ of jurisprudence underpinning the four post-classical Sunni schools of law. This tradition celebrated polyvalence by preserving the multiplicity of conflicting opinions within each school, while simultaneously providing a process of rule formulation ( tarjīḥ) by which one opinion is chosen as the binding precedent ( taqlīd). The predominant forum of both activities, he shows, was the legal commentary.

Through a careful reading of Ibn Quṭlūbughā's (d. 879/1474) al-Taṣḥīḥ wa-al-tarjīḥ, Al-Azem presents a new periodisation of the Ḥanafī madhhab, analyses the theory of rule formulation, and demonstrates how this madhhab-law tradition facilitated both continuity and legal change while serving as the basis of a pluralistic Mamluk judicial system.

Series:

Hans-Georg Ziebertz and Ernst Hirsch Ballin

Series:

Hans-Georg Ziebertz and Ernst Hirsch Ballin

Freedom of Religion in the 21st Century

A human rights perspective on the relation between politics and religion

Series:

Hans-Georg Ziebertz and Ernst Hirsch Ballin

Freedom of religion consists of the right to practice, to manifest and to change one’s religion. The modern democratic state is neutral towards the variety of religions, but protects the right of citizens to practice their different religious beliefs. Recent history shows that a number of religious claims challenge the neutral state. This happens especially when secularity is rejected as the basis of the modern state. How can conflicting interpretations of the relation between religion and state be balanced in our world? This book reflects on conflicts that seem to be implied in the freedom of religion, on its causes and how they can be overcome.

Contributors are: Katajun Armipur, Ernst Hirsch Ballin, Ian Cameron, Susanne Döhnert, Leslie Francis, Carsten Gennerich, Handi Hadiwitanto, Mandy Robbins, Prof. Hans Schilderman, Stefanie Schmahl, Carl Sterkens, Alexander Unser, Johannes A. van der Ven and Hans-Georg Ziebertz.