KRAMER VERSUS KRAMER IN A TENTH/SIXTEENTH CENTURY EGYPTIAN COURT: POST-FORMATIVE JURISPRUDENCE BETWEEN EXIGENCY AND LAW
Abstract The relationship between the individual jurist, the madhhab and scripture (Qur'ān and Sunnah) has long been a topic of debate among scholars of Islamic law. Based on a detailed fatwā on a controversial issue in tenth/sixteenth century Cairo, the present essay describes how, in the post...
| Main Author: | |
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| Format: | Electronic Article |
| Language: | English |
| Check availability: | HBZ Gateway |
| Journals Online & Print: | Drawer...
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| Interlibrary Loan: | Interlibrary Loan for the Fachinformationsdienste (Specialized Information Services in Germany) |
| Published: |
2001
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| In: |
Islamic law and society
Year: 2001, Volume: 8, Issue: 1, Pages: 27-51 |
| Online Access: |
Volltext (JSTOR) Volltext (lizenzpflichtig) Volltext (lizenzpflichtig) |
| Summary: | Abstract The relationship between the individual jurist, the madhhab and scripture (Qur'ān and Sunnah) has long been a topic of debate among scholars of Islamic law. Based on a detailed fatwā on a controversial issue in tenth/sixteenth century Cairo, the present essay describes how, in the post-formative period, the madhhab mediated between the jurist and the sources. While clearly reflecting a commitment to taqlīd, this fatwā renders problematic the attribution of such adjectives as "conservative" or "servile" to that institution. At the same time, it clearly suggests that non-legal factors, such as the moral presuppositions and social outlook of the individual jurist, are operative in the processes of shaping school doctrine and crafting individual fatwās for 'difficult cases'. |
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| ISSN: | 1568-5195 |
| Contains: | Enthalten in: Islamic law and society
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| Persistent identifiers: | DOI: 10.1163/156851901753129665 |