Law and Power in the Islamic World (Library of Modern Middle by Sami Zubaida

By Sami Zubaida

Islamic legislation (the Shari'a) and its program is a valuable factor in modern Islamic politics and tradition. ranging from smooth issues, this booklet examines the origins and evolution of the Shari'a and the corpus of texts, recommendations and practices during which it's been enshrined. Sami Zubaida the following considers key ancient episodes of political lodgings and contests among students and sultans. Drawing on sleek examples, generally from Egypt and Iran, Zubaida explores how the Shari'a has developed and mutated to deal with the workings of a contemporary kingdom.

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The last stage is the introduction of scriptural sanction, the articulation of the rules so far developed to texts from the Quran. ‘Chronologically the last stage, this [scriptural sanction] became, ideologically, the first principle of Islamic legal justification…The Qur’an was an influence on the law, usually secondary and intrusive’ (Calder 1993:218–19). 22 — Law and Power in the Islamic World This chronology, then, is the opposite of the ideological and expositional order of the shari‘a, which privileges the scriptures as the starting point and the ultimate authority, followed by prophetic narrations of sunna and hadith.

786–809) a veritable judicial bureaucracy and hierarchy was instituted in the office of Qadi al-Qudat, the judge of judges. Under the Abbasids the apparatus of state bureaucracy was vastly expanded, adopting and adapting Persian imperial practices and methods. Judicial institutions were part of this expanded bureaucracy, and the office of Qadi al-Qudat was the head of this bureaucracy and a court appointment. The first incumbent under Harun was his protégé and advisor the Hanafite Abu Yusuf (d.

The Quran sets a paradigm to all other texts, especially in the priority of oral recitation over the written word. Traditional (mostly pre-print, but the practice survived printing) teaching and learning of the books of fiqh, for instance, took the form of teachers reciting the text to pupils, in the form of dictation. The pupils wrote down the text, but mostly as a means to memorization, for one only truly knew what one committed to memory. Pupils then verified the accuracy of their noted text with the teachers, thus securing their own copies of the key texts.

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