Al-Sha'rani's Response to Legal Purism: A Theory of Legal Legal Pluralism

被引：7
|
作者：
Ibrahim, Ahmed Fekry [1 ]
机构：
[1] McGill Univ, Inst Islamic Studies, Morrice Hall,Room 319,3485 McTavish St, Montreal, PQ H3A 0E1, Canada
来源：
ISLAMIC LAW AND SOCIETY | 2013年 / 20卷 / 1-2期
关键词：
codification; Mamluk; Ottoman Hanafization; pragmatic eclecticism; purist; takhayyur; talfiq; tamadhhub; taqlid; tarjih; tatabbu' al-rukha; school boundary-crossing; al-Sha'rani; Sunni legal pluralism;
D O I：
10.1163/15685195-0004A0004
中图分类号：
B9 [宗教];
学科分类号：
010107 ;
摘要：
Despite the claims of the Egyptian mystic 'Abd al-Wahhab al-Sha'rani (d. 973/1565) about the novelty of his legal work, many legal scholars see his contribution as a conservative restatement of a well-established doctrine of legal pluralism. This view implies that there was an uncontested view that supported pragmatic forum selection, which he was simply rehashing. I will offer a reevaluation of al-Sha'rani's legal work, placing it within the larger debate about the pragmatic selection of juristic views to facilitate people's transactions and Ottoman Hanafization. I will examine his al-Mizan al-Kubra and Kashf al-Ghumma and situate his project within a centuries-old theoretical legal debate, showing that his theory departs in significant ways from the views of his predecessors.
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页码：110 / 140
页数：31
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