Abstract
Dispute among the jurists within a school of law or within the jurists in general i.e. irrespective of the schools, has been a part of legal literature throughout the history of Islamic law since its inception as well as today. Although there have been various sometimes incompatible reasons of dealing with legal disputes, two reasons seem to come forward. Firstly, legal disputes allow the students of Islamic law and its masters opportunity to have overarching view of Islamic law in order to take positions independent of school reasoning or tradition. The other reason of interest in legal disputes was born out of the polemical atmosphere of medieval legal discourse. The dominance of the schools of law on the legal profession created a kind of competition among the various schools in order to win the hearts hence support of the people as well as the rulers. In this world, the Hanafi school of law developed its own way of presenting legal disputes among various jurists both within and outside the school.
Keywords
Mukhtalaf ar-riwaya Mukhtalaf Manzuma ikhtilaf khilaf SamarqandiShare
Details
- Authors: Mürteza Bedir, Prof., Istanbul University
- DOI: https://doi.org/10.5281/zenodo.5008262
- Year: 2021 (June) / Volume: 4 / Issue: 1
- Page: 1-31
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