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This book proposes that late Hanafi legal scholarship in the early modern period secured a role for the Ottoman sultanic authority in the process of lawmaking. It demonstrates that Hanafi jurists sustained and expanded Ottoman sultanic authority through careful reformulations of their own school and their engagement with new notions of governance embraced by the Ottomans.
List of contents
- Note on Transliteration
- List of Figures
- About the Author
- Introduction
- Chapter 1. Ibn Nujaym: The Father of Late Hanafism?
- Chapter 2. "The Sultan Says": Ottoman Sultanic Authority in Late Hanafi Tradition
- Chapter 3. If Abu Hanifa Were Here: Authority, Continuity, and Revision in Late Hanafi Jurisprudence
- Chapter 4. Ottoman Rationale for Codification: The Mecelle
- Conclusion
- Appendix A. Examples of Early and Late Hanafi Opinions in Ibn Abidin's Hashiya
- Appendix B. Examples of Ma'rudat in al-Haskafi's al-Durr al-Mukhtar
- Appendix C. Examples of Early and Late Hanafi Opinions in Radd al-Muhtar
- Appendix D. Examples of Ma'rudat Abi al-Su'ud in Radd al-Muhtar
- Appendix E. Thematic Tables of the Mecelle Articles
- Bibliography
About the author
Samy A. Ayoub is an Assistant Professor of Law and Middle Eastern Studies at the University of Texas at Austin.
Summary
This book proposes that late Hanafi legal scholarship in the early modern period secured a role for the Ottoman sultanic authority in the process of lawmaking. It demonstrates that Hanafi jurists sustained and expanded Ottoman sultanic authority through careful reformulations of their own school and their engagement with new notions of governance embraced by the Ottomans.
Additional text
Professor Ayoub's Law, Empire, and the Sultan is an important contribution to the study of late Hanafism in the Ottoman Empire, and a very welcome complication of clichéd claims that Islamic Law was purely a jurists law. This book is both an important contribution in Islamic legal history and to our understanding of the role of the state in the jurisprudence of Islamic law.
