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4 - The Code

from Part II

Published online by Cambridge University Press:  24 March 2022

Mahmood Kooria
Affiliation:
Universiteit Leiden and Ashoka University, India
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Summary

“A text that revolutionised the Shāfiʿī school of law” is the best way to characterise the law book Minhāj, the central subject of this chapter. Soon after it was written in Damascus in the thirteenth century, it acquired an immense popularity among Shāfiʿī jurists, to the extent that no other text of the school ever achieved. In the following centuries, it not only influenced but also framed the very ways in which they discoursed about their school. It inspired generations of jurists in their legal-textual praxis, leading to the production of a copious amount of commentaries, supercommentaries, abridgements, poetic renderings, etc., and that continues to today. Its story presents an interesting phenomenon in the histories of Islamic law, law and Islam at large. This chapter explores its inception and trajectories. It asks why so many jurists engaged with the text and what made it so idiosyncratic that it influenced the textual discourses of such a large community across centuries. Embedded in the larger commentarial mode of juridical advancements of the time, it argues that Nawawī codified the school’s diverse opinions while synthesising the existing divisions. His own detailed engagements with the broader textual corpus of the school in his other works provided material for him to bring out a concise, comprehensive and coherent work that would address larger pedagogical and juridical requirements.

Type
Chapter
Information
Islamic Law in Circulation
Shafi'i Texts across the Indian Ocean and the Mediterranean
, pp. 129 - 172
Publisher: Cambridge University Press
Print publication year: 2022

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  • The Code
  • Mahmood Kooria
  • Book: Islamic Law in Circulation
  • Online publication: 24 March 2022
  • Chapter DOI: https://doi.org/10.1017/9781009106825.010
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  • The Code
  • Mahmood Kooria
  • Book: Islamic Law in Circulation
  • Online publication: 24 March 2022
  • Chapter DOI: https://doi.org/10.1017/9781009106825.010
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • The Code
  • Mahmood Kooria
  • Book: Islamic Law in Circulation
  • Online publication: 24 March 2022
  • Chapter DOI: https://doi.org/10.1017/9781009106825.010
Available formats
×