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    Moin, A. Azfar 2015. Sovereign Violence: Temple Destruction in India and Shrine Desecration in Iran and Central Asia. Comparative Studies in Society and History, Vol. 57, Issue. 02, p. 467.


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  • Comparative Studies in Society and History, Volume 55, Issue 3
  • July 2013, pp. 579-602

The Second Formation of Islamic Law: The Post-Mongol Context of the Ottoman Adoption of a School of Law

  • Guy Burak (a1)
  • DOI: http://dx.doi.org/10.1017/S001041751300025X
  • Published online: 26 June 2013
Abstract
Abstract

This article proposes a comparative analytical framework to study changes in Islamic law during the post-Mongol period, particularly the rise of the official school of law (or state madhhab). Taking as my case study the Ottoman adoption of a particular branch within the Sunni Hanafi school of law, I suggest that this adoption marks a new chapter in Islamic legal history. In earlier periods, while rulers appointed judges and thus regulated the adjudication procedures, they did not intervene, at least theoretically, in the structure and doctrine of the schools of law, which remained the relatively autonomous realm of the jurists. The Ottoman adoption of the school, by contrast, was not merely an act of state patronage, since the dynasty played an important role in regulating the school's structure and doctrine. To this end, it employed a set of administrative and institutional practices, such as the development of an imperial learned hierarchy with standardized career and training tracks and the appointment of jurisconsults (muftis). Some of these practices were found in other polities across the eastern Islamic lands in the post-Mongol period, but these similarities have not been treated comparatively in modern historiography. They suggest that the Ottoman case was part of a broader legal culture that spanned several polities across the region. This article outlines a framework that will enable historians of Islamic law to treat these similarities in a more coherent manner. The framework raises key issues in the historiography of Islamic law and its nineteenth-century modernization.

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Corresponding author
guy.burak@gmail.com
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This list contains references from the content that can be linked to their source. For a full set of references and notes please see the PDF or HTML where available.

Wael B. Hallaq, Authority, Continuity and Change in Islamic Law (New York: Cambridge University Press, 2001)

Yossef Rapoport, “Legal Diversity in the Age of Taqlid: The Four Chief Qadis under the Mamluks,” Islamic Law and Society 10, 2 (2003): 210–28

Norman Calder, “al-Nawawi's Typology of Muftis and Its Significance for a General Theory of Islamic Law,” Islamic Law and Society 3, 2 (1996): 137–64

Wael B. Hallaq, “From Fatwas to Furu‘: Growth and Change in Islamic Substantive Law,” Islamic Law and Society 1, 1 (1994): 2965

Baki Tezcan, “The Ottoman Mevali as ‘Lords of the Law,’” Journal of Islamic Studies 20, 3 (2009): 404–6

Nicola Di Cosmo, Allen J. Frank, and Peter B. Golden, The Cambridge History of Inner Asia: The Chinggisid Age (Cambridge: Cambridge University Press, 2009)

Gülrü Necipoğlu, “Süleyman the Magnificent and the Representation of Power in the Context of Ottoman-Hapsburg-Papal Rivalry,” Art Bulletin 71, 3 (1989): 401–27

Devin J. Stewart, “The First Shaykh al-Islām of the Safavid Capital of Qavin,” Journal of the American Oriental Society 116, 3 (1996): 387405

Ron Sela, The Legendary Biographies of Tamerlane: Islam and Heroic Apocrypha in Central Asia (Cambridge: Cambridge University Press, 2011)

Dimitris J. Kastritsis, The Sons of Beyazid: Empire Building and Representation in the Ottoman Civil War of 1402–1413 (Leiden: Brill, 2007), 224

Beatrice Forbes Manz, Power, Politics and Religion in Timurid Iran (Cambridge: Cambridge University Press, 2007), 28

Rudolph Peters, “Muḥammad al-‘Abbāsī al-Mahdī (d. 1897), Grand Mufti of Egypt, and His al-Fatāwá al-Mahdīyya,” Islamic Law and Society 1 (1994): 6682

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Comparative Studies in Society and History
  • ISSN: 0010-4175
  • EISSN: 1475-2999
  • URL: /core/journals/comparative-studies-in-society-and-history
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