Tools for Interpreting Ḥadīth in Shaybānī’s Ḥujja

By Issam Eido This is part four in a series of four posts on Ḥanafī criteria for using ḥadīth in the ‘courts and canons’ of early Islamic law. Kitāb al-Ḥujja ʿalā Ahl al-Madīna is one of several books attributed to the judge Muḥammad ibn al-Ḥasan al-Shaybānī.[1] Early Ḥanafī biographical dictionaries used to classify early Ḥanafī … Continue reading Tools for Interpreting Ḥadīth in Shaybānī’s Ḥujja

Canons: Specific and General aṣl

By Issam Eido This is part three in a series of four posts on Ḥanafī criteria for using ḥadīth in the ‘courts and canons’ of early Islamic law. Before the emergence of the canonical ḥadīth books, courts served as one of the main factors in the formative period in impacting the concept of fiqh and … Continue reading Canons: Specific and General aṣl

Early Ḥanafī Jurists, Court Practice, and the Authority of General Afflictions (ʿUmūm al-Balwā)

By Issam Eido This is part two in a series of four posts on Ḥanafī criteria for using ḥadīth in the ‘courts and canons’ of early Islamic law. There are many legal canons (uṣūl or qawāʿid fiqhiyya) pertaining specifically to court evidence, procedure, or conduct, such as “the burden of proof is on the claimant … Continue reading Early Ḥanafī Jurists, Court Practice, and the Authority of General Afflictions (ʿUmūm al-Balwā)

Lived or Non-Lived Ḥadīth? Content vs. Narrator Criteria in Early Ḥanafī Law

By Issam Eido This is part one in a series of four posts on Ḥanafī criteria for using ḥadīth in the ‘courts and canons’ of early Islamic law. In this series of four essays, I examine briefly the interpretive standards that were followed by early Ḥanafīs for analyzing, verifying, or rejecting ḥadīth. The first essay discusses the significance … Continue reading Lived or Non-Lived Ḥadīth? Content vs. Narrator Criteria in Early Ḥanafī Law

A Lack of Resources in the bayt al-māl: A Sine Qua Non Condition for the Imposition of a Tax?

By Mehdi Berriah This is part four in a series of four posts on the financing of jihād during the Mamlūk period. As noted by Ibrāhīm b. ʿAlī al-Hanafī al-Ṭarsūsī, the possibility of resorting to the imposition of new taxes or the requisition, on the order of the sultan, of goods to finance a war effort … Continue reading A Lack of Resources in the bayt al-māl: A Sine Qua Non Condition for the Imposition of a Tax?

The Sharīʿa on the Financing of Jihād

By Mehdi Berriah This is part three in a series of four posts on the financing of jihād during the Mamlūk period. In the cases presented in the sources discussed in the previous post, sultans and amīrs met, in general, with firm opposition on the part of several ʿulamāʾ to the imposition of additional taxes on … Continue reading The Sharīʿa on the Financing of Jihād

Episodes in which the ʿUlamāʾ, according to Islamic Law, were Opposed to the Tax

By Mehdi Berriah This is part two in a series of four posts on the financing of jihād during the Mamlūk period. First Episode The first episode took place in dhū-l-qaʿda 657/November 1259, after Quṭuz dismissed al-Manṣūr ʿAlī, the son of his former master, the first Mamlūk sultan al-Muʿizz Aybak (d. 655/1257), and proclaimed himself sultan. The … Continue reading Episodes in which the ʿUlamāʾ, according to Islamic Law, were Opposed to the Tax

The Issue of Financing Jihād in Islamic Law: Three Case Studies from the Mamlūk Period

By Mehdi Berriah This is part one in a series of four posts on the financing of jihād during the Mamlūk period. While the spirit and laws of jihād have often attracted the attention of researchers, this is not the case for its economic aspect, which remains poorly known. It must be kept in mind … Continue reading The Issue of Financing Jihād in Islamic Law: Three Case Studies from the Mamlūk Period

Monthly Lectures on Islamic Legal Genres: “Creativity in Continuity: al-rasā’il al-fiqhīyya as a Genre for Legal Change” by Dr. Samy Ayoub

By Omar Khaled Abdel-Ghaffar This is a summary of the lecture by Dr. Samy Ayoub entitled “Creativity in Continuity: al-rasā’il al-fiqhīyya as a Genre for Legal Change,” delivered on May 26, 2021 at 12 noon (EST), 6 pm (Münster) 7 pm (Istanbul) via Zoom. Samy Ayoub’s lecture on May 26, 2021 on late Ḥanafī rasā’il … Continue reading Monthly Lectures on Islamic Legal Genres: “Creativity in Continuity: al-rasā’il al-fiqhīyya as a Genre for Legal Change” by Dr. Samy Ayoub

Islamic Law of Paternity and DNA Evidence

By Ayman Shabana In the Islamic tradition, Islamic rules governing paternity are closely tied to a number of important legal concepts and procedures. Most importantly, paternity regulations have strong connections with marriage and the definition of a licit sexual relationship, mainly in light of the well-known Prophetic report which has established that link “the child … Continue reading Islamic Law of Paternity and DNA Evidence