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Disagreements of the Jurists: A Manual of Islamic Legal Theory

Disagreements of the Jurists: A Manual of Islamic Legal Theory

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A masterful overview of Islamic law and its diversity

Al-Qadi al-Nu'man was the chief legal theorist and ideologue of the North African Fatimid dynasty in the tenth century. This translation makes available in English for the first time his major work on Islamic legal theory, which presents a legal model in support of the Fatimids’ principle of legitimate rule over the Islamic community. Composed as part of a grand project to establish the theoretical bases of the official Fatimid legal school, Disagreements of the Jurists expounds a distinctly Shi'i system of hermeneutics, which refutes the methods of legal interpretation adopted by Sunni jurists.

The work begins with a discussion of the historical causes of jurisprudential divergence in the first Islamic centuries, and goes on to address, point by point, the specific interpretive methods of Sunni legal theory, arguing that they are both illegitimate and ineffective. While its immediate mission is to pave the foundation of the legal Isma'ili tradition, the text also preserves several Islamic legal theoretical works no longer extant—including Ibn Dawud’s manual, al-Wusul ila ma'rifat al-usul—and thus throws light on a critical stage in the historical development of Islamic legal theory (usul al-fiqh) that would otherwise be lost to history.

A bilingual Arabic-English edition.

ISBN-13: 9780814763759

Media Type: Hardcover(Bilingual)

Publisher: New York University Press

Publication Date: 01-19-2015

Pages: 448

Product Dimensions: 6.20(w) x 9.50(h) x 4.10(d)

Series: Library of Arabic Literature #53

al-Qāḍī al-Nuʿmān (Author) Al-Qāḍī al-Nuʿmān (d. 364/974) was born in Tunisia and joined the service of the Fatimids in 313/925, eventually rising to the position of supreme judge. As the most important jurist and legal author of the Fatimid Empire, his work founded Ismāʿīlī law as a discipline. Devin Stewart (Edited and Translated by) Devin J. Stewart is Professor of Arabic and Islamic Studies at Emory University. He has written on the Qurʾan, Shiʿi Islam, and Islamic legal education.

Table of Contents

Letter from the General Editor iii

Acknowledgments viii

Introduction ix

A Note on the Text xxix

Notes to the Introduction xxxv

The Disagreements of the Jurists 1

The Provenance of this Book 2

Prologue 4

Chapter 1 The Cause of Disagreement 8

Chapter 2 Disagreement over the Rulings of the Religion 18

Chapter 3 Against Disagreement over the Rulings of the Religion 22

Chapter 4 The Method of the Adherents of the Truth When the Correct Ruling on an Issue Is Not Known 32

Chapter 5 Against Arbitrary Submission to Authority 48

Chapter 6 The Difference between Submission to Illegitimate Authorities and Referral to Legitimate Authorities 72

Chapter 7 Against Consensus 90

Chapter 8 Against Speculation 180

Chapter 9 Against Analogy 212

Chapter 10 Against Preference 268

Chapter 11 Against Inference 284 Chapter Twelve: Against Legal Interpretation and Personal Judgment 300

Epilogue 352

Notes 357

Glossary of Names and Terms 379

Bibliography 389

Further Reading 393

Index of Quran Passages 395

Index 399

About the NYU Abu Dhabi Institute 406

About the Typefaces 407

About the Editor-Translator 408