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"Al-Azem, Talal, author"
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Rule-formulation and binding precedent in the Madhhab-law tradition : Ibn Quٍtlهubughهa's commentary on the compendium of Qudهurهi
\"[The author] argues for the existence of a madhhab-law tradition of jurisprudence underpinning the four post-classical Sunni schools of law. This tradition celebrated polyvalence by preserving the multiplicity of conflicting opinions within each school, while simultaneously providing a process of rule formulation (tarjهiٍh) by which one opinion is chosen as the binding precedent (taqlهid). The predominant forum of both activities, he shows, was the legal commentary. Through a careful reading of Ibn Quٍtlهubughهa's (d. 879/1474) al-Taٍsٍhهih wa-al-tarjهiٍh, Al-Azem presents a new periodisation of the ٍHanafهi madhhab, analyses the theory of rule formulation, and demonstrates how this madhhab-law tradition facilitated both continuity and legal change while serving as the basis of a pluralistic Mamluk judicial system.\"-- Back cover.
Book
Rule-formulation and binding precedent in the Madhhab-law tradition : Ibn Quṭlūbughā's commentary on the compendium of Qudūrī
In Rule-Formulation and Binding Precedent in the Madhhab-Law Tradition, Talal Al-Azem argues for the existence of a 'madhhab-law tradition' of jurisprudence, and examines how legal rules were forged by generations of scholarly commentary.
eBook