Playing with the Canon: Ḥanafī Legal Riddles of the Mamluk Period

IF 0.4 Q3 LAW Oxford Journal of Law and Religion Pub Date : 2024-07-12 DOI:10.1093/ojlr/rwae018
Christian Mauder
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Abstract

The article investigates the history of the genre of Ḥanafī legal riddles (alghāz fiqhiyya) during the Mamluk period (648/1250–923/1517). It argues that legal riddles did not constitute ‘useless’ knowledge as earlier scholarship on Islamicate learned riddles had assumed. In contrast, the article shows that the Ḥanafī texts under investigation fulfilled important functions in the transmission of canonized legal scholarship, the performance of madhhab identities, the establishment and maintenance of scholarly prestige and patronage relationships, and the legitimation of political rule. The article demonstrates that in order to fully understand processes of transmission and the canonization of legal knowledge, we must broaden our focus to encompass more than the bodies of knowledge used in qāḍī courts and taught in institutions of higher learning such as madrasas. Instead, we should be open to the possibility that Islamic legal learning and its textual tradition were also shaped by institutions and practices that catered at least as much to the curiosity and aesthetic expectations of the people involved in them as to their desire for practically useful knowledge.
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玩弄法典:马穆鲁克时期的Ḥanafī法律之谜
文章研究了马穆鲁克时期(648/1250-923/1517 年)Ḥanafī 法律谜语(alghāz fiqhiyya)流派的历史。文章认为,法律谜语并不像早期研究伊斯兰教谜语的学者所认为的那样是 "无用 "的知识。相反,文章表明,所研究的Ḥanafī文本在以下方面发挥了重要作用:传播规范化的法律学术、表现伊斯兰教派身份、建立和维护学术声望和赞助关系,以及使政治统治合法化。这篇文章表明,为了充分理解法律知识的传播和正统化过程,我们必须扩大关注的范围,使其不仅仅包括 qāḍī 法庭使用的知识体系和伊斯兰学校等高等教育机构教授的知识体系。相反,我们应该对以下可能性持开放态度,即伊斯兰法律学习及其文本传统也是由机构和实践形成的,这些机构和实践至少满足了参与其中的人们的好奇心和审美期望,也满足了他们对实用知识的渴望。
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来源期刊
CiteScore
1.00
自引率
16.70%
发文量
9
期刊介绍: Recent years have witnessed a resurgence of religion in public life and a concomitant array of legal responses. This has led in turn to the proliferation of research and writing on the interaction of law and religion cutting across many disciplines. The Oxford Journal of Law and Religion (OJLR) will have a range of articles drawn from various sectors of the law and religion field, including: social, legal and political issues involving the relationship between law and religion in society; comparative law perspectives on the relationship between religion and state institutions; developments regarding human and constitutional rights to freedom of religion or belief; considerations of the relationship between religious and secular legal systems; and other salient areas where law and religion interact (e.g., theology, legal and political theory, legal history, philosophy, etc.). The OJLR reflects the widening scope of study concerning law and religion not only by publishing leading pieces of legal scholarship but also by complementing them with the work of historians, theologians and social scientists that is germane to a better understanding of the issues of central concern. We aim to redefine the interdependence of law, humanities, and social sciences within the widening parameters of the study of law and religion, whilst seeking to make the distinctive area of law and religion more comprehensible from both a legal and a religious perspective. We plan to capture systematically and consistently the complex dynamics of law and religion from different legal as well as religious research perspectives worldwide. The OJLR seeks leading contributions from various subdomains in the field and plans to become a world-leading journal that will help shape, build and strengthen the field as a whole.
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