Devin J. Stewart - Islamic legal orthodoxy: twelver Shiite responses to the Sunni legal system
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Islamic legal orthodoxy: twelver Shiite responses to the Sunni legal system
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Frontispiece. Leiden MS fol. 150a. The colophon of Nur al-haqiqah wa-nawr al-hadiqah ("The Light of Truth and the Blossoms of Paradise"), completed on 12 Dhu 'l-Qa'dah 945/1 April 1539 and dedicated to the Ottoman sultan Suleiman, where the Twelver Shiite jurist Husayn b. 'Abd al-Samad al-'Amili (d. 984/1576) signs his name "husayn b. 'Abd al-Samad al-Shafi'i al-Harithi al-Hamdani." Reproduced by kind permission of Leiden University Library.
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Islamic Legal Orthodoxy
Twelver Shiite Responses to the Sunni Legal System
Devin J. Stewart
THE UNIVERSITY OF UTAH PRESS SALT LAKE CITY
Page v
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1998 by the University of Utah Press
All rights reserved
Library of Congress Cataloging-in-Publication Data Stewart, Devin J. Islamic legal orthodoxy: Twelver Shiite Responses to the Sunni Legal System / Devin J. Stewart. p. cm. ISBN 0-87480-551-1 (alk. paper) 1. Islamic lawHistory. 2. Sunnites. 3. Shiites. 4. Authority Religious aspectsIslamHistory. I. Title. LAW 340.5'9'09dc21 98-16874
Page vi
For my parents
Page vii
Contents
Conventions and Abbreviations
ix
1. Introduction
1
Shiite Law and the Imamate
6
Investigation of the Shiite Legal Tradition
10
Sunni and Shiite Jurisprudence Juxtaposed
13
Shiite Responses to the Sunni Legal System
19
2. Islamic Legal Orthodoxy
25
The Professionalization of Sunni Legal Study
26
Jurisprudence as a Genre of Legal Literature
30
Consensus: Islamic Legal Orthodoxy
37
Orthodoxy vs. Orthopraxy
45
The Violation of Consensus: Islamic Legal Heresy
48
Shiite Responses to the Sunni Legal System
53
3. Conformance to Consensus:
Twelver Shiite Participation in the Shafi'i Madhhab
61
The Shiite Tradition of Legal Study in Sunni Circles
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