Innovation, Influence, and Borrowing in Mamluk-Era Legal Maxim Collections: The Case of Ibn (')Abd al-Salam and al-Qarafi

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Author: Mariam Sheibani
Date: October-December 2020
Publisher: American Oriental Society
Document Type: Critical essay
Length: 14,932 words
Lexile Measure: 2000L

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Abstract :

Recent scholarship has emphasized the contributions of the great Maliki jurist Shihab al-Din al-Qarafi (d. 684/1285) to Islamic legal thought. However, al-Qarafi's compilation of legal maxims and distinctions, al-Furuq, has not yet been studied, nor has the collection of his teacher, the prominent Shafi (')i jurist Ibn 'Abd al-Salam (d. 660/1262), known as al-Qawa'id al-kubra. Furthermore, the original thought of Ibn 'Abd al-Salam and his formative influence on al-Qarafi have been understated. This article compares their two works to demonstrate that al-Qarafi based his collection in large part on Ibn (')Abd al-Salam's al-Qawa'id and it examines the techniques that al-Qarafi used, which included reordering, refining, and supplementing borrowed maxims, and anonymizing references to his teacher. Most salient, however, is al-Qarafi's "Malikization" of maxims, which entailed replacing Shafi'i doctrines and authorities with their Maliki counterparts and deploying maxims to defend Maliki doctrines. The article concludes by explaining al-Qarafi's authorial choices in light of his Maliki affiliation and the politics between the legal schools in Mamluk Cairo.

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Gale Document Number: GALE|A652025752