Innovation, Influence, and Borrowing in Mamluk-Era Legal Maxim Collections
The Case of Ibn ʿAbd al-Salām and al-Qarāfī
Bibliographic Data
| ID | 3966014 |
|---|---|
| Authors | Mariam Sheibani (corresponding author) |
| Year | 2021 |
| Volume | 140 |
| Issue | 4 |
| Publication date | 2021-09-19 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | Journal of the American Oriental Society (JOURNAL) |
| Journal identifiers | ISSN: 0003-0279 • E-ISSN: 2169-2289 |
| Publisher | American Oriental Society (PUBLISHER • US) |
| DOI | 10.7817/jameroriesoci.140.4.0927 |
| OpenAlex | W3112580033 |
| Language | EN |
| Citations received | 3 |
| References cited | 2 |
Recent scholarship has emphasized the contributions of the great Maliki jurist Shihāb al-Dīn al-Qarāfī (d. 684/1285) to Islamic legal thought. However, al-Qarāfī's compilation of legal maxims and distinctions, al-Furūq, has not yet been studied, nor has the collection of his teacher, the prominent Shafiʿi jurist Ibn ʿAbd al-Salām (d. 660/1262), known as al-Qawāʿid al-kubrā. Furthermore, the original thought of Ibn ʿAbd al-Salām and his formative influence on al-Qarāfī have been understated. This article compares their two works to demonstrate that al-Qarāfī based his collection in large part on Ibn ʿAbd al-Salām's al-Qawāʿid and it examines the techniques that al-Qarāfī used, which included reordering, refining, and supplementing borrowed maxims, and anonymizing references to his teacher. Most salient, however, is al-Qarāfī's "Malikization" of maxims, which entailed replacing Shafiʿi doctrines and authorities with their Maliki counterparts and deploying maxims to defend Maliki doctrines. The article concludes by explaining al-Qarāfī's authorial choices in light of his Maliki affiliation and the politics between the legal schools in Mamluk Cairo
Ancient history · Art · Formative assessment · Islam · Literature · Mamluk · Mathematics education · Political science · Politics · Sharia · Theology · Archaeology and Historical Studies · Classics · History · Islamic Finance and Banking Studies · Islamic Studies and History · Law · Mathematics · Philosophy
| Unique citing works | 3 |
|---|---|
| Citations per year | 0,5 |
| Citation span | 2020 - 2025 (6) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 3 |