The Second Formation of Islamic Law is the first book to deal with the rise of an official school of law in the post-Mongol period. The author explores how the Ottoman dynasty shaped the structure and doctrine of a particular branch within the Hanafi school of law. In addition, the book examines the opposition of various jurists, mostly from the empire's Arab provinces, to this development. By looking at the emergence of the concept of an official school of law, the book seeks to call into question the grand narratives of Islamic legal history that tend to see the nineteenth century as the major rupture. Instead, an argument is formed that some of the supposedly nineteenth-century developments, such as the codification of Islamic law, are rooted in much earlier centuries. In so doing, the book offers a new periodization of Islamic legal history in the eastern Islamic lands.
About the Author
Guy Burak is the Middle Eastern and Islamic Studies Librarian at New York University's Bobst Library. Previously, Burak was a postdoctoral fellow at the Max Planck Institute for the History of Science, Berlin, and in the Islamic Legal Studies Program at Harvard Law School. His articles have appeared in the International Journal of Middle East Studies, Comparative Studies in Society and History, the Mediterranean Historical Review, and the Journal of Islamic Studies.
Table of ContentsIntroduction; 1. Muftīs; 2. Genealogies and boundaries I: situating the imperial learned hierarchy within the Ḥanafī jurisprudential tradition; 3. Genealogies and boundaries II: two responses from the Arab provinces of the empire; 4. Books of high repute; 5. Intra-madhhab plurality and the empire's legal landscape; Conclusion: the second formation of Islamic law.