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.