By Janina Safran In this essay, I illustrate the methods of juridical thinking and argumentation at the highest level among Mālikīs in al-Andalus in the early sixth/twelfth century. One aim … Continue reading Revisiting al-ʿUtbī’s Mustakhraja: Ibn Rushd al-Jadd’s al-Bayān wa’l-taḥsīl
By Janina Safran In the previous essays, I described the emergence of Mālikī “mother texts” in the middle of the third/ninth century. These were compilations of authoritative statements attributed to … Continue reading Ibn Sahl’s Eleventh-Century Commentary on Tenth-Century Legal Opinions and Judgments
By Janina Safran Proto-Mālikīs in al-Andalus in the third/ninth century memorized, copied, transmitted, and studied opinions attributed to Mālik (d. 179/795) and his students (masāʾil, sg. masʾala). Proto-Mālikīs considered these … Continue reading Tenth-Century Approaches to Andalusī-Mālikī Legal Opinions (Masāʾil)
By Janina Safran The question arose in a recent round table discussion and is challenging to answer for three central reasons.[1] First are the usual problems of little textual evidence: … Continue reading How did jurists interpret and practice law in al-Andalus in the Umayyad period?
