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Qāḍī, Muftī and ruler: Their roles in the development of islamic law

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Chapter Summary

This chapter defines at what stage and in what manner qadis and rulers participated in the evolutionary process of Islamic law. Two comments are in place before the author enters the discussion. The major problem in discussing these issues is that of the sources. Contrary to the wealth of fatawa and furu literature, there exists no parallel literature comprising either qadis’ judgments or rulers’ decisions. The chapter concentrates on the Hanafi school of law and on the pre-modern era. The examples are taken from the Islamic endowment institution the waqf particularly from two issues: cash-waqfs and istibdal, exchange transactions in waqf property. The second comment refers to the definition of the subject. The framework of the study is the development of Islamic law, the changes and new interpretations which gained shari approval in the writings of those authorized to interpret the law.

Keywords: Hanafi school of law; Islamic law development; legal doctrine; qadis; ruler



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