Disagreements of the Jurists : : A Manual of Islamic Legal Theory / / al-Qāḍī al-Nuʿmān; ed. by Devin Stewart.

• VerfasserIn: al-Nuʿmān, al-Qāḍī,
• HerausgeberIn: Stewart, Devin,
• Place / Publishing House: New York, NY : : New York University Press, , [2015]; ©2015
• Year of Publication: 2015
• Language: English
• Series: Library of Arabic Literature ; 53
• Physical Description: 1 online resource

A masterful overview of Islamic law and its diversityAl-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.

Table of Contents

Frontmatter -- Table of Contents -- Acknowledgments -- Introduction -- A Note on the Text -- Notes to the Introduction -- The Provenance of this Book -- Prologue -- Chapter One: The Cause of Disagreement -- Chapter Two: Disagreement over the Rulings of the Religion -- Chapter Three: Against Disagreement over the Rulings of the Religion -- Chapter Four: The Method of the Adherents of the Truth When the Correct Ruling on an Issue Is Not Known -- Chapter Five: Against Arbitrary Submission to Authority -- Chapter Six: The Difference between Submission to Illegitimate Authorities and Referral to Legitimate Authorities -- Chapter Seven: Against Consensus -- Chapter Eight: Against Speculation -- Chapter Nine: Against Analogy -- Chapter Ten: Against Preference -- Chapter Eleven: Against Inference -- Chapter Twelve: Against Legal Interpretation and Personal Judgment -- Epilogue -- Notes -- Glossary of Names and Terms -- Bibliography -- Further Reading -- Index of Qurʾan Passages -- Index -- About the NYU Abu Dhabi Institute -- About the Typefaces -- About the Editor–Translator