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

This document was uploaded by one of our users. The uploader already confirmed that they had the permission to publish it. If you are author/publisher or own the copyright of this documents, please report to us by using this DMCA report form.

Simply click on the Download Book button.

Yes, Book downloads on Ebookily are 100% Free.

Sometimes the book is free on Amazon As well, so go ahead and hit "Search on Amazon"

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.

Author(s): Samy Ayoub
Series: Oxford Islamic legal studies
Publisher: Oxford University Press
Year: 2019

Language: English
Commentary: We're not in Kufa anymore (the construction of late Hanafism in the early modern Ottoman Empire, 16th - 19th centuries CE., 2014)
Pages: 216
City: New York
Tags: We're not in Kufa anymore (the construction of late Hanafism in the early modern Ottoman Empire, 16th - 19th centuries CE., 2014)

Introduction --

Ibn Nujaym : The Father of Late Ḥanafism? --

"The Sulṭan Says" : Ottoman Sultanic Authority in Late Ḥanafī Jurisprudence --

If Abu Hanifa Were Here : Authority, Continuity, and Revision in Late Hanafi Jusrisprudence --

Ottoman Rationale for Codification : The Mecelle --

Conclusion