Islamic Law and the State: The Constitutional Jurisprudence of Shihāb Al-Dīn Al-Qarāfī
This book deals with an Ayy?bid-Maml?k 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 Maml?k Egypt, in the context of the running history of Islamic law from the formative period during which "ijtih?d" was the dominant hegemony, into the post-formative period during which "taql?d" 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 the schools, the latter imposing limits on the executive authority of the state.
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