Islamic Law and the State

The Constitutional Jurisprudence of Shihāb al-Dīn al-Qarāfī


This book deals with an Ayyūbid-Mamlūk Egyptian jurist's attempt to come to terms with the potential conflict between power, represented in the state, and authority, represented in the schools of law, particularly where one school enjoys a privileged status with the state. It deals with the history of the relationship between the schools of law, particularly in Mamlūk Egypt, in the context of the running history of Islamic law from the formative period during which ijtihād was the dominant hegemony, into the post-formative period during which taqlīd came to dominate. It also deals with the internal structure and operation of the madhhab, as the sole repository of legal authority. Finally, the book includes a discussion of the limits of law and the legal process, the former imposing limits on the legal jurisdiction of the jurists and the schools, the latter imposing limits on the executive authority of the state.

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Sherman A. Jackson, Ph.D. (1991) in Oriental Studies, University of Pennsylvania, is Assistant Professor of Arabic and Islamic Studies at Indiana University. He has published several articles on Islamic law and jurisprudence, history and theology.
' Mit dieser Darstellung gewährt der Verf. einen tiefen und fruchtbaren Enblick in die Funktionsweise der Sharī'a innerhalb eines staatlichen Gefüges.' Benjamin Jokisch, Bibliotheca Orientalis, 1998.
All those interested in Islamic Studies (medieval and modern), Islamic law, theology, Ayyūbid and Mamlūk history, Women's Studies and all topics relating to Islamic law and discourse around its application in the modern Muslim world. Also of interest to scholars of comparative medieval studies.