The second formation of Islamic law : the Hanafi school in the early modern Ottoman empire / Guy Burak, New York University.
2015
KBP295 .B87 2015 (Map It)
On loan from Cellar, due 31. Aug 2025
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Details
Author
Title
The second formation of Islamic law : the Hanafi school in the early modern Ottoman empire / Guy Burak, New York University.
Published
New York, NY : Cambridge University Press, 2015.
Call Number
KBP295 .B87 2015
Former Call Number
Tur 190 B89 2015
ISBN
9781107090279 (hardback)
110709027X (hardback)
110709027X (hardback)
Description
xv, 273 pages ; 24 cm.
System Control No.
(OCoLC)891610463
Summary
"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"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index (pages 2435-266).
Record Appears in
Table of Contents
Acknowledgments
xi
Note on Transliteration and Dates
xv
Introduction
1
The Madhhab
6
The Official Madhhab
10
The Official School of Law and the Imperial Legal Order
13
The Rise of an Ottoman Official Madhhab and the Grand Narratives of Islamic Legal History
17
1.
Muftis
21
Mufti: A Very Brief Introduction
24
The Institution of the Mufti in the Late Mamluk Sultanate
26
The Ottoman Perception of the Institution of the Mufti
38
The Emergence of the Provincial Mufti and the Reorganization of the Muftiship in the Ottoman Province of Damascus
49
Al-Nabulusi Responds to al-Haskafi (and an Imaginary Dialogue with Al-Muradi)
58
Conclusion: The Ottoman Mufti, Kanun, and the Ottoman Hanafi Legal School
62
2.
Genealogies and Boundaries: Situating the Imperial Learned Hierarchy within the Hanafi Jurisprudential Tradition
65
Tabaqat: A Very Short Introduction
68
Early Stages: Kemalpasazade's Risdla fi Tabaqat al-Mujtahidin
71
Kinahzade's Tabaqat al-Hanafiyya
74
Mahmud b. Suleyman Kefevi's Kata'ib A'lam al-Akhyar min Fuqaha' Madhhab al-Nu'man al-Mukhtar
80
Edirneli Mehmed Kami's Mahamm al-Fuqaha
89
Recontextualizing Taskopruzade's al-Shaqa'iq al-Nu'maniyya
94
Concluding Remarks
99
3.
Genealogies and Boundaries II: Two Responses from the Arab Provinces of the Empire
101
Ibn Tulun's al-Ghuraf al-'Aliyya fi Tarajim Muta'akhkhiri al-Hanafiyya
102
Taqiyy al-Din al-Tamimi's al-Tabaqat al-Saniyya fi Tarajim al-Hanafiyya
111
Concluding Remarks
118
4.
Books of High Repute
122
A Methodological Note on Textual Canons and Their Formation
127
"The Reliable Books": The Imperial Hierarchy and Its Canon Consciousness
130
A Case Study: The Integration of al-Ashbah wa'l-Naza'ir into the Ottoman Imperial Canon
135
The Transmission and Canonization of Texts Outside the Ottoman Learned Hierarchy
139
Comparing Jurisprudential Canons
144
The Emergence of the Greater Syrian "Ottomanized" Canon
155
A Damascene Critique of the Imperial Jurisprudential Canon
157
Concluding Remarks
159
5.
Intra-Madhhab Plurality and the Empire's Legal Landscape
163
Using the Officially Appointed Muftis' Rulings
166
Writing Ottoman Fatawa in Arabic
181
Nonappointed Muftis and the Imperial Jurisprudential Landscape
191
Establishing Authority
192
The Nonappointed Muftis' Rulings
198
Concluding Remarks
204
Conclusion: The Second Formation of Islamic Law
207
Looking East: The Ottoman Case in a Comparative Perspective
208
The Chinggisid Heritage
214
Situating the Post-Mongol Period in the Grand Narratives of Islamic Legal History
220
Appendix A
The Classification of the Authorities of the Hanafi School
225
Appendix B
Kefevi's Chains of Transmission
229
Appendix C
Minkarizade's and al-Ramli's Bibliographies
231
Selected Bibliography
245
Index
267