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The Scholarly Transmissions of Asad b. al-Furāt from Muḥammad b. al-Ḥasan al-Shaybānī. An Edition of Three Manuscripts from the Ancient Library of Raqqada-Kairouan Attributed to al-Asadiyya: The Books of Prayer, Manumission and Theft and Brigandage
Editor:
تُعدّ الأسدية منطلقا لمدونة سحنون في الفقه المالكي. وينسب فهرس مكتبة رقادة بالقيروان ثلاث قطع مخطوطة إلى الأسدية. فحصنا هذه القطع من ناحية المنهج فشككنا في صحّة تلك النسبة. ثم حققناها، فتبين أنها لم تكن الأسدية. فهي تمثّل سماعا أخذه أسد بن الفرات عن محمد بن الحسن الشيباني، وتهمّ الفقه الحنفي.
هذه القطع هي فريدة من نوعها، وهي تتجاوز في أهمّيتها الأسدية ذاتها. ولتحقيق تلك القطع، اعتمدنا على مختصر لها ألّفه الحاكم الشهيد في كتاب الكافي في الفقه، وقد شرح السّرخسي هذا المختصر في المبسوط، كما قارنّا هذه القطع أيضا بمدوّنة سحنون.
هذه القطع هي فريدة من نوعها، وهي تتجاوز في أهمّيتها الأسدية ذاتها. ولتحقيق تلك القطع، اعتمدنا على مختصر لها ألّفه الحاكم الشهيد في كتاب الكافي في الفقه، وقد شرح السّرخسي هذا المختصر في المبسوط، كما قارنّا هذه القطع أيضا بمدوّنة سحنون.
The Asadiyya is considered to be the foundation of Saḥnūn's Mudawwana, one of the most important works of the Malikī school of jurisprudence. The catalog of the Raqqada Library in Kairouan attributes three manuscript fragments to the Asadiyya. This work examines these fragments from a methodological point of view, since the validity of that attribution is questionable. From the edition by Nejmeddine Hentati, it becomes clear that they do not belong to the Asadiyya. These are rather witnesses of the scholarly transmissions of Asad b. al-Furāt from Muḥammad b. al-Ḥasan al-Shaybānī, and they contain Ḥanafī jurisprudence.
These fragments are unique, and their importance stretches beyond the Asadiyya. For the edition, Hentati relied on al-Ḥākim al-Shahīd's compendium in al-Kāfī fī l-fiqh, as well as on al-Sarakhsī al-Mabsūṭ, which is a commentary on this compendium. Hentati also compared these fragments to Saḥnūn's Mudawwana.
The Scholarly Transmissions of Asad b. al-Furāt from Muḥammad b. al-Ḥasan al-Shaybānī. An Edition of Three Manuscripts from the Ancient Library of Raqqada-Kairouan Attributed to al-Asadiyya: The Books of Prayer, Manumission and Theft and Brigandage
Editor:
تُعدّ الأسدية منطلقا لمدونة سحنون في الفقه المالكي. وينسب فهرس مكتبة رقادة بالقيروان ثلاث قطع مخطوطة إلى الأسدية. فحصنا هذه القطع من ناحية المنهج فشككنا في صحّة تلك النسبة. ثم حققناها، فتبين أنها لم تكن الأسدية. فهي تمثّل سماعا أخذه أسد بن الفرات عن محمد بن الحسن الشيباني، وتهمّ الفقه الحنفي.
هذه القطع هي فريدة من نوعها، وهي تتجاوز في أهمّيتها الأسدية ذاتها. ولتحقيق تلك القطع، اعتمدنا على مختصر لها ألّفه الحاكم الشهيد في كتاب الكافي في الفقه، وقد شرح السّرخسي هذا المختصر في المبسوط، كما قارنّا هذه القطع أيضا بمدوّنة سحنون.
هذه القطع هي فريدة من نوعها، وهي تتجاوز في أهمّيتها الأسدية ذاتها. ولتحقيق تلك القطع، اعتمدنا على مختصر لها ألّفه الحاكم الشهيد في كتاب الكافي في الفقه، وقد شرح السّرخسي هذا المختصر في المبسوط، كما قارنّا هذه القطع أيضا بمدوّنة سحنون.
The Asadiyya is considered to be the foundation of Saḥnūn's Mudawwana, one of the most important works of the Malikī school of jurisprudence. The catalog of the Raqqada Library in Kairouan attributes three manuscript fragments to the Asadiyya. This work examines these fragments from a methodological point of view, since the validity of that attribution is questionable. From the edition by Nejmeddine Hentati, it becomes clear that they do not belong to the Asadiyya. These are rather witnesses of the scholarly transmissions of Asad b. al-Furāt from Muḥammad b. al-Ḥasan al-Shaybānī, and they contain Ḥanafī jurisprudence.
These fragments are unique, and their importance stretches beyond the Asadiyya. For the edition, Hentati relied on al-Ḥākim al-Shahīd's compendium in al-Kāfī fī l-fiqh, as well as on al-Sarakhsī al-Mabsūṭ, which is a commentary on this compendium. Hentati also compared these fragments to Saḥnūn's Mudawwana.
Editor:
This series looks at law and its literature, as well as legal practice and its context from the 6th to the 16th centuries. It provides a forum for scholarship – original monographs, article collections, editions of primary sources, translations – in the fields of legal history, historical anthropology, social and cultural history, material culture, political and economic history, church history, dispute studies, and the history of rhetoric, aiming to build a bridge between the history of law and other fields in medieval studies. It will accept studies on Roman and canon law, common law, customary law, and Jewish and Islamic law.
Authors are cordially invited to submit proposals and/or full manuscripts to either the series editor, Professor John Hudson, or the Publisher at Brill, Dr Kate Hammond.
Brill is in full support of Open Access publishing and offers the option to publish your monograph, edited volume, or chapter in Open Access. Our Open Access services are fully compliant with funder requirements. We support Creative Commons licenses. For more information, please visit Brill Open or contact us at openacess@brill.com.
Authors are cordially invited to submit proposals and/or full manuscripts to either the series editor, Professor John Hudson, or the Publisher at Brill, Dr Kate Hammond.
Brill is in full support of Open Access publishing and offers the option to publish your monograph, edited volume, or chapter in Open Access. Our Open Access services are fully compliant with funder requirements. We support Creative Commons licenses. For more information, please visit Brill Open or contact us at openacess@brill.com.
Tractate against the Midianites and Ishmaelites
Series:
Heterodoxia Iberica, Volume: 7
This is the first English translation of one of the most important treatises written during the late-Middle Ages in defense of converts from Judaism, favoring religious tolerance in the face of religious and racially motivated prejudice and violence. The book also includes a fresh Latin edition, drawing on all known manuscripts. The text was written in response to the actions of the "Old Christians" of Toledo against the "New Christians," also called conversos, in 1449. A letter of Pope Nicholas V favouring the converts is included.
Tractate against the Midianites and Ishmaelites
Series:
Heterodoxia Iberica, Volume: 7
This is the first English translation of one of the most important treatises written during the late-Middle Ages in defense of converts from Judaism, favoring religious tolerance in the face of religious and racially motivated prejudice and violence. The book also includes a fresh Latin edition, drawing on all known manuscripts. The text was written in response to the actions of the "Old Christians" of Toledo against the "New Christians," also called conversos, in 1449. A letter of Pope Nicholas V favouring the converts is included.
Editor-in-Chief:
Founded in 1993, the African Yearbook, now also published online is published under the auspices of the African Foundation for International Law. It is the only scholarly publication devoted exclusively to the study, development, dissemination and wider appreciation of international law in Africa as a whole. Through the scholarly analysis of international legal issues of particular relevance to the African continent, it also contributes to the acceptance of, and respect for the rule of law in intra-African relations, and for the principles of international law in general. Its uniqueness however goes beyond this, for through its special themes and general articles, it has succeeded over the years to serve as an intellectual forum where the development of international law is viewed as being integral to Africa’s own development.
Through the study and analysis of emerging legal issues of particular relevance to Africa, such as the creation of viable continental institutions capable of promoting unity and security for the peoples of the continent, the effective protection of human rights, the need for accountability for mass killings and massive violations of the rule of law, the promotion of a rule-based democratic culture, the role of African countries in a globalizing world economy and in international trade relations, the Yearbook strives to be responsive to the intellectual needs of African countries in the area of international law, and to the continuing struggle for creating an environment conducive to the rule of law throughout the continent.
The Yearbook also provides ready access to the basic documents of African international organizations by regularly publishing the resolutions and decisions of regional and sub-regional organizations as well as the conventions, protocols and declarations adopted by pan-african agencies.
Please click here for the online version including the abstracts of the articles of the African Yearbook of International Law.
Through the study and analysis of emerging legal issues of particular relevance to Africa, such as the creation of viable continental institutions capable of promoting unity and security for the peoples of the continent, the effective protection of human rights, the need for accountability for mass killings and massive violations of the rule of law, the promotion of a rule-based democratic culture, the role of African countries in a globalizing world economy and in international trade relations, the Yearbook strives to be responsive to the intellectual needs of African countries in the area of international law, and to the continuing struggle for creating an environment conducive to the rule of law throughout the continent.
The Yearbook also provides ready access to the basic documents of African international organizations by regularly publishing the resolutions and decisions of regional and sub-regional organizations as well as the conventions, protocols and declarations adopted by pan-african agencies.
Please click here for the online version including the abstracts of the articles of the African Yearbook of International Law.
Intercultural Trade, Commercial Litigation, and Legal Pluralism
The book series Mediterranean Reconfigurations is devoted to the analyses of historical change in the Mediterranean over a long period (15th - 19th centuries), challenging totalizing narratives that “Westernize” Mediterranean history as having led naturally to European domination in the 19th and 20th centuries. In reality, the encounters of Muslim, Jewish, Armenian and Protestant merchants and sailors with legal customs and judicial practices different from their own gave rise to legal and cultural creativity throughout the Mediterranean. Through the prism of commercial litigation, the series thus offers a more accurate and deeper understanding of the practices of intercultural trade, in a context profoundly shaped by legal pluralism and multiple and overlapping spaces of jurisdiction. Comparative case studies offer empirically-based indicators for both regional and more general processes, here called "Mediterranean reconfigurations", e.g. the changing interplay and positioning of individual and institutional actors on different levels in a variety of commercial and legal contexts.
From International Law to Geopolitics
China claims Taiwan as a renegade province. While saying it prefers peaceful unification, it has consistently refused to renounce the use of force to incorporate the democratic island. Increasingly, Taiwan has become a potential flash point for military conflict between China and the United States. After exploring the historical roots of the Taiwan question, The State of Taiwan offers an in-depth analysis of the international legal status of Taiwan. An extensive epilogue throws the bridge between the international legal findings and geopolitics, and outlines the strategy the world’s democracies should adopt in light of those findings.
From International Law to Geopolitics
China claims Taiwan as a renegade province. While saying it prefers peaceful unification, it has consistently refused to renounce the use of force to incorporate the democratic island. Increasingly, Taiwan has become a potential flash point for military conflict between China and the United States. After exploring the historical roots of the Taiwan question, The State of Taiwan offers an in-depth analysis of the international legal status of Taiwan. An extensive epilogue throws the bridge between the international legal findings and geopolitics, and outlines the strategy the world’s democracies should adopt in light of those findings.
A Comparative Study of English and Chinese Law
This book argues that there are three dividing lines regarding modes and consequences of property transfers which should not be conflated by comparative lawyers, namely, intent alone versus intent plus, unitary approach versus separatist approach, and causality versus abstraction. Unlike Chinese law, English law takes a non-unified approach not only in the stage of transfer but also in the stage of restitution, where the consequence in relation to the property right transferred under a flawed underlying basis can be purely causal, purely abstract, and abstract in common law but causal in equity. Nevertheless, abstraction is normatively more justifiable than causality.
A Comparative Study of English and Chinese Law
This book argues that there are three dividing lines regarding modes and consequences of property transfers which should not be conflated by comparative lawyers, namely, intent alone versus intent plus, unitary approach versus separatist approach, and causality versus abstraction. Unlike Chinese law, English law takes a non-unified approach not only in the stage of transfer but also in the stage of restitution, where the consequence in relation to the property right transferred under a flawed underlying basis can be purely causal, purely abstract, and abstract in common law but causal in equity. Nevertheless, abstraction is normatively more justifiable than causality.
This book explores the complete history of Serbian law in the Middle Ages, covering the 12th to the 15th centuries, which until now has been largely unstudied in international scholarship.
Firmly rooted in primary source research and showing strong awareness of the contemporary historical context, this comprehensive study examines different types of law – such as criminal law, constitutional law, and civil law – and the various legal systems and procedures in place during this time, offering a valuable synthesis while also presenting new views and novel interpretations of Serbian legal history.
Firmly rooted in primary source research and showing strong awareness of the contemporary historical context, this comprehensive study examines different types of law – such as criminal law, constitutional law, and civil law – and the various legal systems and procedures in place during this time, offering a valuable synthesis while also presenting new views and novel interpretations of Serbian legal history.
This book explores the complete history of Serbian law in the Middle Ages, covering the 12th to the 15th centuries, which until now has been largely unstudied in international scholarship.
Firmly rooted in primary source research and showing strong awareness of the contemporary historical context, this comprehensive study examines different types of law – such as criminal law, constitutional law, and civil law – and the various legal systems and procedures in place during this time, offering a valuable synthesis while also presenting new views and novel interpretations of Serbian legal history.
Firmly rooted in primary source research and showing strong awareness of the contemporary historical context, this comprehensive study examines different types of law – such as criminal law, constitutional law, and civil law – and the various legal systems and procedures in place during this time, offering a valuable synthesis while also presenting new views and novel interpretations of Serbian legal history.
An Annotated English Translation of the Vulgata recension with Latin Text
The Libri Feudorum (the ‘books of fiefs’) are the earliest written body of feudal customs in Europe, codified in northern Italy c.1100-1250, which gave rise to feudal law as a branch of civil law. Their role in shaping modern ideas of feudalism has aroused an intense debate among medievalists, leading to deep re-thinking of the ‘feudal’ vocabulary and categories.
This book offers an up-to-date English translation with a working Latin text introduced by a historical and historiographical overview of the Libri, thereby providing a valuable tool to understanding the long-standing importance of this collection over nine centuries of European history.
This book offers an up-to-date English translation with a working Latin text introduced by a historical and historiographical overview of the Libri, thereby providing a valuable tool to understanding the long-standing importance of this collection over nine centuries of European history.
An Annotated English Translation of the Vulgata recension with Latin Text
The Libri Feudorum (the ‘books of fiefs’) are the earliest written body of feudal customs in Europe, codified in northern Italy c.1100-1250, which gave rise to feudal law as a branch of civil law. Their role in shaping modern ideas of feudalism has aroused an intense debate among medievalists, leading to deep re-thinking of the ‘feudal’ vocabulary and categories.
This book offers an up-to-date English translation with a working Latin text introduced by a historical and historiographical overview of the Libri, thereby providing a valuable tool to understanding the long-standing importance of this collection over nine centuries of European history.
This book offers an up-to-date English translation with a working Latin text introduced by a historical and historiographical overview of the Libri, thereby providing a valuable tool to understanding the long-standing importance of this collection over nine centuries of European history.