Disagreements Of The Jurists

Al-Qadi al-Nu`man was the first law theorist and ideologue of the Fatimid dynasty of North Africa in the 10th century. This translation provides for the first time in English his main work on the theory of Islamic law, which is a legal model to support the principle of the legitimate domination of fatimids over the Islamic community. Composed as part of a major project to lay the theoretical foundations of the official Fatimid law school, Disagreements of the Juris explains a distinctly Shiite hermeneutic system that refutes the methods of interpretation of the law adopted by Sunni jurists. The work begins with a discussion of the historical causes of the divergence of law in the early Islamic centuries and addresses point-by-point the specific methods of interpretation of Sunni legal theory and argues that they are both illegitimate and ineffective. While its immediate mission is to establish the basis of Isma`ili`s legal tradition, the text also preserves several works of Islamic justice theory that no longer exist – including the Ibn Dawud Manual, al-Wusul ila ma`rifat al-usul – and which otherwise sheds light on a critical phase in the historical evolution of Islamic law theory (usul al-fiqh) that would otherwise be lost in history. A bilingual Arabic-English edition. The publisher`s introduction deals briefly with al-Numan`s life and legal work. He then discusses the content and importance of Ikhtilaf in the context of the dominance of Sunni legal theories. This highlights their early history, especially in the period of more than a century and a half after the death of al-Shafi, which is also al-Numan`s most important contribution. All sections of the introduction are concisely and concisely written and intertwined. Stewart is quite right that al-Numan is strongly on Muhammad b. Dawud al-Ispahani (d.

297/919), son of the founder of the Zahiri school, and his work al-Wusul ila marifat al-usul. Al-Numan quoted him four times and omitted the title of the book, as was the norm (note to index: Muhammad b. Dawud`s name does not appear on pages 223-25, 247, 267 and 277 as indicated). Stewart also suspects that al-Numans Ikhtilaf Ibn dawud is imitated; However, it does not produce concrete evidence to support this assertion. … . . .

John Sexton is Benjamin Butler Professor of Law at NYU and was 15th President of NYU from 2002 to 2015. . . This volume is a welcome addition to the growing collection of English translations on Islamic law in general and Shii Ismaili law in particular. Kitab Ikhtilaf usul al-madhahib (ikhtilaf) is a fundamental legal text at the Ismaili school, in which its famous author al-Qadl al-Numan (d. 363/974), the founder of the school, adopted the principles of legal theory before the composition of his opus Daaim al-Islam (the columns of Islam, below ” Daaim “). Written under the direction of the fourth imam of the caliphate fatimi al-Muizz li-Din Allah (r. 341-365/953-975), the latter is a manual of ismaili law for the use of the newly created fateful state and the wider community of Ismaili. Although it was composed more than a thousand years ago, it remains the supreme authority among the Mustali Tayyibi community of the Bohras on the Indopakistan subcontinent for personal and family matters. For according to al-Numan, there was no significant development of the Ismaili law for various reasons that are not within the scope of this verification (see Ismail K. Poonawala, `Al-Qadi al-Numan and Ismaili jurisprudence`, in Mediaeval Ismaili History and Thought, ed.

E Daftary [Cambridge: Cambridge Univ. Press, 1996], 131-32). John Coughlin is global Distinguished Professor of Studies and Law at NYU Abu Dhabi.

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