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Law, Empire, and the Sultan: Ottoman Imperial Authority and Late Hanafi Jurisprudence

Law, Empire, and the Sultan: Ottoman Imperial Authority and Late Hanafi Jurisprudence

  • 作者:
  • 出版商: Oxford University Press
  • ISBN: 9780190092924
  • 出版时间 January 2020
  • 规格: Hardback
  • 适应领域: U.S. ? 免责申明:
    Countri(es) stated herein are used as reference only
¥1,263.13
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  • 描述 
  • 大纲 
  • 详细

    This book is the first study of late Hanafism in the early modern Ottoman Empire. It examines Ottoman imperial authority in authoritative Hanafi legal works from the Ottoman world of the sixteenth to nineteenth centuries CE, casting new light on the understudied late Hanafi jurists (al-muta'akhkhirun). By taking the madhhab and its juristic discourse as the central focus and introducing "late Hanafism" as a framework of analysis, this study demonstrates that late Hanafi jurists assigned probative value and authority to the orders and edicts of the Ottoman sultan. This authority is reflected in the sultan's ability to settle juristic disputes, to order specific opinions to be adopted in legal opinions (fatawa), and to establish his orders as authoritative and final reference points. The incorporation of sultanic orders into authoritative Hanafi legal commentaries, treatises, and fatwa collections was made possible by a shift in Hanafi legal commitments that embraced sultanic authority as an indispensable element of the lawmaking process.

  • Note on Transliteration
    List of Figures
    About the Author
    Introduction
    Chapter 1. Ibn Nujaym: The Father of Late Hanafism?
    Chapter 2. "The Sultan Says": Ottoman Sultanic Authority in Late Hanafi Tradition
    Chapter 3. If Abu Hanifa Were Here: Authority, Continuity, and Revision in Late Hanafi Jurisprudence
    Chapter 4. Ottoman Rationale for Codification: The Mecelle
    Conclusion
    Appendix A. Examples of Early and Late Hanafi Opinions in Ibn Abidin's Hashiya
    Appendix B. Examples of Ma'rudat in al-Haskafi's al-Durr al-Mukhtar
    Appendix C. Examples of Early and Late Hanafi Opinions in Radd al-Muhtar
    Appendix D. Examples of Ma'rudat Abi al-Su'ud in Radd al-Muhtar
    Appendix E. Thematic Tables of the Mecelle Articles
    Bibliography

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