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Oxford Islamic Legal Studies

Law, Empire, and the Sultan

Ottoman Imperial Authority and Late Hanafi Jurisprudence

Ayoub, Samy A. (Assistant Professor of Law and Middle Eastern Studies, Assistant Professor of Law and Middle Eastern Studies, The University of Texas at Austin)

Law, Empire, and the Sultan

Oxford Islamic Legal Studies

Law, Empire, and the Sultan

Ottoman Imperial Authority and Late Hanafi Jurisprudence

Oxford Islamic Legal Studies: Law, Empire, and the Sultan

 

This book proposes that late Hanafi legal scholarship in the early modern period secured a role for the Ottoman sultanic authority in the process of lawmaking. It demonstrates that Hanafi jurists sustained and expanded Ottoman sultanic authority through careful reformulations of their own school and their engagement with new notions of governance embraced by the Ottomans.


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Beschrijving Oxford Islamic Legal Studies: Law, Empire, and the Sultan

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.


ISBN
9780190092924
Pagina's
216
Verschenen
Serie
Oxford Islamic Legal Studies
NUR
820
Druk
1
Uitvoering
Hardback
Taal
Engels
Uitgever
OUP USA

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