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KRAMER VERSUS KRAMER IN A TENTH/SIXTEENTH CENTURY EGYPTIAN COURT: POST-FORMATIVE JURISPRUDENCE BETWEEN EXIGENCY AND LAW

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The relationship between the individual jurist, the madhhab and scripture (Qur'ān and Sunnah) has long been a topic of debate among scholars of Islamic law. Based on a detailed fatwā on a controversial issue in tenth/sixteenth century Cairo, the present essay describes how, in the post-formative period, the madhhab mediated between the jurist and the sources. While clearly reflecting a commitment to taqlīd, this fatwā renders problematic the attribution of such adjectives as "conservative" or "servile" to that institution. At the same time, it clearly suggests that non-legal factors, such as the moral presuppositions and social outlook of the individual jurist, are operative in the processes of shaping school doctrine and crafting individual fatwās for 'difficult cases'.

10.1163/156851901753129665
/content/journals/10.1163/156851901753129665
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/content/journals/10.1163/156851901753129665
2001-02-01
2016-12-02

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