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Parrhesia

Ancient and Modern Perspectives on Freedom of Speech

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Edited by Peter-Ben Smit and Eva van Urk

Freedom of speech is a fundamental right in many societies, yet also highly contested. As a right, it can only be appreciated if its historical development is taken into account. Parrhesia offers case studies in freedom of speech, its understanding and exercise throughout history. They enable researchers and policymakers alike to gain an awareness of the complexities, challenges and benefits of freedom of speech. The cases that have been selected are from the field of religion and theology, yet exemplary in character and able to shed light on freedom of speech in other parts of society.

Contributors are: Leon van den Broeke, Jan Krans, Silvia Castelli, Bert Jan Lietaert Peerbolte, Manfred Lang, Bastian Lemitz, Nils Neumann, Kyriakoula Papademetriou, Dirk Jan Schoon, and Peter-Ben Smit.
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Rule-Formulation and Binding Precedent in the Madhhab-Law Tradition

Ibn Quṭlūbughā’s Commentary on The Compendium of Qudūrī

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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.