A Mamluk Handbook for Judges and the Doctrine of Legal Consequences (al‑mūǧab)
Abstract: By the fifteenth century, many legal jurisdictions throughout the Mamluk realm were pluralistic: all of the four Sunni maḏhab‑s were represented by their own courts within a single political jurisdiction. Naturally, this pluralism had the potential of descending into judicial chaos, if jud...
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| Publicat a: | URI:https://journals.openedition.org/beo, |
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| Autor principal: | |
| Format: | Article ou chapitre numérique |
| Idioma: | Anglais |
| Publicat: |
Bulletin d’études orientales
2016
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| Matèries: | |
| Accés en línia: | Accès Université d'Orléans et IFPM Accès Université d'Orléans et IFPM |
| Sumari: | Abstract: By the fifteenth century, many legal jurisdictions throughout the Mamluk realm were pluralistic: all of the four Sunni maḏhab‑s were represented by their own courts within a single political jurisdiction. Naturally, this pluralism had the potential of descending into judicial chaos, if judges hailing from different maḏhab‑s were to refuse or negate the judgments of parallel maḏhab‑jurisdictions. It is towards addressing this and other concerns regarding the judiciary that the Ḥanafī jurist al‑Qāsim Ibn Quṭlūbuġā (d. 879/1474) authored a handbook for judges, Mūǧabāt al‑aḥkām wa‑wāqiʿāt al‑ayyām. After providing an overview of the structure and objective of the work, this article addresses its first and central theme — namely, the doctrine of “legal consequence” (al‑mūǧab) — and analyzes how the set of procedural rules associated with this doctrine were part of a solution to the conflict of laws latent in a multi‑maḏhab judiciary. I argue that this doctrine, one of a number of such jurisprudential doctrines and procedures shared by the maḏhab‑s, is evidence of the development of a wider maḏhab-law legal system underpinning the four Sunni maḏhab‑s in the Mamluk era. |
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