“The Sulṭān Says”: State Authority in the Late Ḥanafī Tradition
This article investigates the impact of the state on the legal order through an examination of authoritative Ḥanafī legal works from the 17th and 18th centuries CE. By focusing on the madhhab and its juristic discourse, I challenge the reigning narrative in Islamic legal studies by demonstrating how...
| Published in: | Islamic law and society |
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| Main Author: | |
| Format: | Electronic Article |
| Language: | English |
| Check availability: | HBZ Gateway |
| Journals Online & Print: | Drawer...
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| Fernleihe: | Fernleihe für die Fachinformationsdienste |
| Published: |
Brill
2016
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| In: |
Islamic law and society
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| Further subjects: | B
sulṭānic orders
B late Ḥanafism B legal authority B Ottoman Empire |
| Online Access: |
Volltext (JSTOR) Volltext (lizenzpflichtig) Volltext (lizenzpflichtig) |
| Summary: | This article investigates the impact of the state on the legal order through an examination of authoritative Ḥanafī legal works from the 17th and 18th centuries CE. By focusing on the madhhab and its juristic discourse, I challenge the reigning narrative in Islamic legal studies by demonstrating how late Ḥanafī jurists assigned value and authority to Ottoman state orders and edicts. This increasing state authority is reflected in the state’s ability to settle juristic disputes, to order jurists and judges to adopt specific opinions in their legal determinations, and to establish its orders as authoritative and final reference points. The incorporation of state orders within authoritative Ḥanafī legal commentaries, treatises, and fatwā collections was made possible by a turn in Ḥanafī legal culture that embraced the indispensability of the state in the law-making process. |
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| ISSN: | 1568-5195 |
| Contains: | Enthalten in: Islamic law and society
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| Persistent identifiers: | DOI: 10.1163/15685195-00233p02 |