The Criterion for Distinguishing Legal Opinions from Judicial Rulings and the Administrative Acts of Judges and Rulers

Shihab al-Din Ahmad ibn Idris al-Qarafi al-Maliki, Mohammad H. Fadel

• Publisher: Yale University Press
• Year: 2018
• ISBN:
  9780300227567
• Edition: 1
• Topic: Law
• Subtopic: Legal History
• Index: Law

The first and much-needed English translation of a thirteenth-century text that shaped the development of Islamic law in the late middle ages.

Scholars of Islamic law can find few English language translations of foundational Islamic legal texts, particularly from the understudied Mamluk era. In this edition of the Tamyiz, Mohammad Fadel addresses this gap, finally making the great Muslim jurist Shihab al-Din al-Qarafi's seminal work available to a wider audience. Al-Qarafi's examination of the distinctions among judicial rulings, which were final and unassailable, legal opinions, which were advisory and not binding, and administrative actions, which were binding but amenable to subsequent revision, remained standard for centuries and are still actively debated today.

Table of contents

• Contents
• Note on Transliteration and Usage
• Preface
• Translator’s Introduction
• The Criterion for Distinguishing Legal Opinions from Judicial Rulings and the Administrative Acts of Judges and Rulers
• Introduction
• Question 1.
• Question 2.
• Question 3.
• Question 4.
• Question 5.
• Question 6.
• Question 7.
• Question 8.
• Question 9.
• Question 10.
• Question 11.
• Question 12.
• Question 13.
• Question 14.
• Question 15.
• Question 16.
• Question 17.
• Question 18.
• Question 19.
• Question 20.
• Question 21.
• Question 22.
• Question 23.
• Question 24.
• Question 25.
• Question 26.
• Question 27.
• Question 28.
• Question 29.
• Question 30.
• Question 31.
• Question 32.
• Question 33.
• Question 34.
• Question 35.
• Question 36.
• Question 37.
• Question 38.
• Question 39.
• Question 40.
• Notes
• Glossary of Names
• Glossary of Terms
• Bibliography
• Index