Al-Shaʿrānī’s Response to Legal Purism
Bibliographic Data
| ID | 12192589 |
|---|---|
| Authors | Ahmed Fekry Ibrahim (McGill University, corresponding author) |
| Year | 2013 |
| Volume | 20 |
| Issue | 1-2 |
| Pages | 110-140 |
| Publication date | 2013-01-01 |
| Open Access | No |
| Type | ARTICLE |
| Venue | Islamic Law and Society (JOURNAL) |
| Journal identifiers | ISSN: 0928-9380 • E-ISSN: 1568-5195 |
| Publisher | Brill (PUBLISHER • NL) |
| DOI | 10.1163/15685195-0004a0004 |
| OpenAlex | W3122511262 |
| Language | EN |
| Citations received | 1 |
Despite the claims of the Egyptian mystic ʿAbd al-Wahhāb al-Shaʿrānī (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-Shaʿrānī’s legal work, placing it within the larger debate about the pragmatic selection of juristic views to facilitate people’s transactions and Ottoman Ḥanafization. I will examine his al-Mīzān al-Kubrā 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
Doctrine · Epistemology · Legal doctrine · Legal pluralism · Legal profession · Legal realism · Mysticism · Novelty · Political science · Selection (genetic algorithm · Sociology · Theology · Archaeology and Historical Studies · Computer Science · Islamic Studies and History · Law · Medieval and Classical Philosophy · Philosophy
| Citations per year | 0.09 |
|---|---|
| Citation span | 2015 - 2015 (1) |
| Highly cited | No |