Rule-Formulation and Binding Precedent in the Madhhab-Law Tradition : Ibn Quṭlūbughā's Commentary on the Compendium of Qudūrī

In Rule-formulation And Binding Precedent In The Madhhab-law Tradition , Talal Al-azem Argues For The Existence Of A Madhhab -law Tradition’ Of Jurisprudence Underpinning The Four Post-classical Sunni Schools Of Law. This Tradition Celebrated Polyvalence By Preserving The Multiplicity Of Conflicting Opinions Within Each School, While Simultaneously Providing A Process Of Rule Formulation ( Tarjīḥ ) By Which One Opinion Is Chosen As The Binding Precedent ( Taqlīd ). The Predominant Forum Of Both Activities, He Shows, Was The Legal Commentary. Through A Careful Reading Of Ibn Quṭlūbughā's (d. 879/1474) Al-taṣḥīḥ Wa-al-tarjīḥ , Al-azem Presents A New Periodisation Of The Ḥanafī Madhhab , Analyses The Theory Of Rule Formulation, And Demonstrates How This Madhhab -law Tradition Facilitated Both Continuity And Legal Change While Serving As The Basis Of A Pluralistic Mamluk Judicial System. Front Matter -- Introduction -- Authors -- History -- Theory -- Practice -- Conclusion -- The Writings Of Qudūrī -- Jurists Cited By Ibn Quṭlūbughā -- Works Cited By Ibn Quṭlūbughā -- Bibliography -- Index. Talal Al-azem. Includes Bibliographical References And Index.