The second formation of Islamic law: the Hanafi school in the early modern Ottoman empire

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Автор: Burak, Guy

Название: The second formation of Islamic law: the Hanafi school in the early modern Ottoman empire

Язык: английский

Издательство: New York, NY: Cambridge University Press

Год: 2015

Объем: xv,273 p.

Серия: Cambridge Studies in Islamic Civilization

Формат: pdf

Размер: 15,8 mb

Guy Burak is the Middle Eastern and Islamic Studies Librarian at New York University's Bobst Library. Previously, Burak was a postdoctoral fellow at the Max Planck Institute for the History of Science, Berlin, and in the Islamic Legal Studies Program at Harvard Law School. His articles have appeared in the International Journal of Middle East Studies, Comparative Studies in Society and History, the Mediterranean Historical Review, and the Journal of Islamic Studies.

The Second Formation of Islamic Law is the first book to deal with the rise of an official school of law in the post-Mongol period. The author explores how the Ottoman dynasty shaped the structure and doctrine of a particular branch within the Hanafi school of law. In addition, the book examines the opposition of various jurists, mostly from the empire's Arab provinces, to this development. By looking at the emergence of the concept of an official school of law, the book seeks to call into question the grand narratives of Islamic legal history that tend to see the nineteenth century as the major rupture. Instead, an argument is formed that some of the supposedly nineteenth-century developments, such as the codification of Islamic law, are rooted in much earlier centuries. In so doing, the book offers a new periodization of Islamic legal history in the eastern Islamic lands

Acknowledgments

Note on Transliteration and Dates

Introduction

The Madhhab

The Official Madhhab

The Official School of Law and the Imperial Legal Order

The Rise of an Ottoman Official Madhhab and the Grand Narratives of Islamic Legal History

1 Muftis

Mufti: A Very Brief Introduction

The Institution of the Mufti in the Late Mamluk Sultanate

The Ottoman Perception of the Institution of the Mufti

The Emergence of the Provincial Mufti and the Reorganization of the Muftlship in the Ottoman Province of Damascus

Al-Nabulusi Responds to al-Haskafĩ (and an Imaginary Dialogue with Al-Muradi)

Conclusion: The Ottoman Mufti, Kanun, and the Ottoman HanafI Legal School

2 Genealogies and Boundaries: Situating the Imperial Learned Hierarchy within the Hanafl Jurisprudential Tradition

Tabaqät: A Very Short Introduction Early Stages: Kemälpasazäde’s Risäla fi Tabaqät al-Mujtahidin

Kinalizade’s Tabaqät al-Hanafiyya

Mahmud h. Suleyman Kefevi’s Kata’ib A lam al-Akhyar min Fuqaha' Madhhab al-Nu'man al-Mukhtar Edirneli Mehmed Kami’s Mahdmm al-Fuqahd' Recontextualizing Taskopriizade’s al-Shaqd’iq al-Nu'maniyya Concluding Remarks

3 Genealogies and Boundaries II: Two Responses from the Arab Provinces of the Empire

Ibn Tulun’s al-Ghuraf al-'AUyya ft Tardjtm Muta’akhkhifi al-Hanafiyya

Taqiyy al-DIn al-Tamlml’s al-Tabaqdt al-Sanlyya ft Tarajim al-Hanafiyya Concluding Remarks

4 Books of High Repute

A Methodological Note on Textual Canons and Their Formation

“The Reliable Books”: The Imperial Hierarchy and Its Canon Consciousness

A Case Study: The Integration of al-Ashbdh wa’l-Naza’ir into the Ottoman Imperial Canon

The Transmission and Canonization of Texts Outside the Ottoman Learned Hierarchy

Comparing Jurisprudential Canons

The Emergence of the Greater Syrian “Ottomanized” Canon

A Damascene Critique of the Imperial Jurisprudential Canon

Concluding Remarks

5 Intra-Madhhab Plurality and the Empire’s Legal Landscape

Using the Officially Appointed Muftis’ Rulings

Writing Ottoman Fatawa in Arabic

Nonappointed Muftis and the Imperial Jurisprudential Landscape

Establishing Authority

The Nonappointed Muftis’ Rulings

Concluding Remarks

Conclusion: The Second Formation of Islamic Law

Looking East: The Ottoman Case in a Comparative Perspective

The Chinggisid Heritage

Situating the Post-Mongol Period in the Grand Narratives of Islamic Legal History

Appendix A. The Classification of the Authorities of the Hanaft School

Appendix B. Kefevi’s Chains of Transmission Appendix C. Minkdrtzdde’s and al-Ramti’s Bibliographies Selected Bibliography

Index

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