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Is al-Andalus Different?

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Continuity as Contested, Constructed, and Performed across Three Mālikī Fatwās

image of Islamic Law and Society

Based on a close analysis of three interrelated Mālikī fatwās on trading with the enemy issued by Granadan jurist Abū Isḥāq al-Shāṭibī (d. 790/1388), Tunisian jurist Abū ʿAbd Allāh Muḥammad al-Māzarī (d. 536/1141), and Maghribī jurist ʿAlī b. ʿAbd al-Salām al-Tasūlī (d. 1258/1842), this study shows that muftīs strategically manipulate their predecessors’ opinions in order to construct precedents more supportive of their desired rulings; the “mere” application of school doctrine to a recurring case may involve considerable juristic flexibility and adaptation of legal practice to changing legal and political circumstances. Further, these opinions demonstrate that the issuance of a fatwā is not just an intellectual task or a rhetorical exercise, but a performance. A fatwā’s value as a precedent for later jurists may be based as much on the earlier muftī’s model performance in issuing the ruling as it is on the legal message conveyed by that ruling.


10.1163/15685195-0204P0002
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2013-01-01
2018-10-21

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