{"title":"两个塔里卡的故事:第四/第十世纪和第五/第十一世纪的伊拉克和胡拉萨尼沙斐仪教派","authors":"Mariam Sheibani","doi":"10.1093/ojlr/rwae021","DOIUrl":null,"url":null,"abstract":"This article provides a new account of Shāfiʿī legal history in the fourth/tenth and fifth/eleventh centuries: a tale of two ṭarīqas, or interpretive communities, one in Iraq and the other in Khurasan. I show that these two Shāfiʿī communities developed as distinct social and scholarly collectives before gradually converging in Ayyubid Damascus and eventually coalescing around one authoritative school doctrine in the Mamluk period. I reconstruct the networks of Shāfiʿī jurists in the two regions and show how and why the two groups differed in their legal reasoning and their paradigm of the madhhab (legal school). Although all of these jurists shared a transregional affiliation with the Shāfiʿī madhhab that distinguished them from jurists belonging to other legal schools, I argue that these affinities were countered by geographical boundaries and diverging local developments that led to the differentiation of the Iraqi and Khurasani Shāfiʿī communities. These insights not only complicate our understanding of what constitutes the post-formative madhhab as an institution but also demonstrate how broader intellectual and institutional developments, such as the ascendancy of Ashʿarism, the emergence of new centres of scholarship, and the introduction of the madrasa, shaped the internal workings of the madhhab.","PeriodicalId":44058,"journal":{"name":"Oxford Journal of Law and Religion","volume":"40 1","pages":""},"PeriodicalIF":0.4000,"publicationDate":"2024-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"A Tale of Two Ṭarīqas: The Iraqi and Khurasani Shāfiʿī Communities in the Fourth/Tenth and Fifth/Eleventh Centuries\",\"authors\":\"Mariam Sheibani\",\"doi\":\"10.1093/ojlr/rwae021\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"This article provides a new account of Shāfiʿī legal history in the fourth/tenth and fifth/eleventh centuries: a tale of two ṭarīqas, or interpretive communities, one in Iraq and the other in Khurasan. I show that these two Shāfiʿī communities developed as distinct social and scholarly collectives before gradually converging in Ayyubid Damascus and eventually coalescing around one authoritative school doctrine in the Mamluk period. I reconstruct the networks of Shāfiʿī jurists in the two regions and show how and why the two groups differed in their legal reasoning and their paradigm of the madhhab (legal school). Although all of these jurists shared a transregional affiliation with the Shāfiʿī madhhab that distinguished them from jurists belonging to other legal schools, I argue that these affinities were countered by geographical boundaries and diverging local developments that led to the differentiation of the Iraqi and Khurasani Shāfiʿī communities. These insights not only complicate our understanding of what constitutes the post-formative madhhab as an institution but also demonstrate how broader intellectual and institutional developments, such as the ascendancy of Ashʿarism, the emergence of new centres of scholarship, and the introduction of the madrasa, shaped the internal workings of the madhhab.\",\"PeriodicalId\":44058,\"journal\":{\"name\":\"Oxford Journal of Law and Religion\",\"volume\":\"40 1\",\"pages\":\"\"},\"PeriodicalIF\":0.4000,\"publicationDate\":\"2024-06-27\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Oxford Journal of Law and Religion\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1093/ojlr/rwae021\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Oxford Journal of Law and Religion","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1093/ojlr/rwae021","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"LAW","Score":null,"Total":0}
A Tale of Two Ṭarīqas: The Iraqi and Khurasani Shāfiʿī Communities in the Fourth/Tenth and Fifth/Eleventh Centuries
This article provides a new account of Shāfiʿī legal history in the fourth/tenth and fifth/eleventh centuries: a tale of two ṭarīqas, or interpretive communities, one in Iraq and the other in Khurasan. I show that these two Shāfiʿī communities developed as distinct social and scholarly collectives before gradually converging in Ayyubid Damascus and eventually coalescing around one authoritative school doctrine in the Mamluk period. I reconstruct the networks of Shāfiʿī jurists in the two regions and show how and why the two groups differed in their legal reasoning and their paradigm of the madhhab (legal school). Although all of these jurists shared a transregional affiliation with the Shāfiʿī madhhab that distinguished them from jurists belonging to other legal schools, I argue that these affinities were countered by geographical boundaries and diverging local developments that led to the differentiation of the Iraqi and Khurasani Shāfiʿī communities. These insights not only complicate our understanding of what constitutes the post-formative madhhab as an institution but also demonstrate how broader intellectual and institutional developments, such as the ascendancy of Ashʿarism, the emergence of new centres of scholarship, and the introduction of the madrasa, shaped the internal workings of the madhhab.
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.