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This book deals with an Ayyubid-Mamluk Egyptian jurist's attempt to come to terms with the potential conflict between power, represented in the state, and authority, represented in the schools of law, particularly where one school enjoys a privileged status with the state.
It deals with the history of the relationship between the schools of law, particularly in Mamluk Egypt, in the context of the running history of Islamic law from the formative period during which ijtihad was the dominant hegemony into the post-formative period during which taqlid came to dominate. It also deals with the internal structure and operation of the madhhab, as the sole repository of legal authority.
Finally, the book includes a discussion of the limits of law and the legal process, the former imposing limits on the legal jurisdiction of the jurists and schools, the latter imposing limits on the executive authority of the state.
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Previews available in: English
Subjects
History, Constitutional law (Islamic law), Islam and state, Islamic law, Islam et Etat, Judicial process (Islamic law), Droit islamique, Droit constitutionnel (droit islamique), Histoire, Verfassungsrecht, Al-, Rechtsschule, Conflict of laws (Islamic law), Islamitisch recht, Staatsrecht, Islam, Constitutional lawPlaces
EgyptEdition | Availability |
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1
Islamic Law and the State: The Constitutional Jurisprudence of Shihab Al-Din Al-Qarafi (Studies in Islamic Law and Society)
August 1997, Brill Academic Publishers
Hardcover
in English
9004104585 9789004104587
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2
Islamic law and the state: the constitutional jurisprudence of Shihāb al-Dīn al-Qarāfī
1996, E.J. Brill
in English
9004104585 9789004104587
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