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Innovation, Borrowing, and the ‘Anxiety of Influence’ in Mamluk Legal Thought: The Case of Ibn 'Abd al-Salam and al-Qarafi’s Canon Collections
Abstract by Mariam Sheibani On Session 117  (Medieval Islam and Islamic Law)

On Friday, November 15 at 2:45 pm

2019 Annual Meeting

Abstract
Recent scholarship has emphasized the contributions of the great Maliki jurist Shihab al-Din al-Qarafi (626-84/1228-85) to Islamic legal thought. However, al-Qarafi’s compilation of legal canons and distinctions, al-Furuq, has not yet been studied, nor has the collection of his teacher, the prominent Shafi'i jurist 'Izz al-Din b. 'Abd al-Salam (577-660/1181-1262), entitled al-Qawa'id al-kubra. This paper analyzes and compares these two works to demonstrate that al-Qarafi based his collection in large part on that of his teacher and incorporated most of the material from the Qawa’id al-kubra into his Furuq. To date, this intellectual debt has remained undetected, in part because al-Qar?f? reordered, refined, and supplemented his teacher’s canons. Moreover, al-Qarafi never directly acknowledged his borrowings from his teacher’s work, and instead relied on Maliki doctrines and authorities to substantiate his canons. This ‘Malikization’ effectively obfuscated al-Qarafi’s debt to Ibn 'Abd al-Salam, while successfully indigenizing in the Maliki school a discursive analysis of the law in the language of canons. The ‘anxiety of influence’ displayed by al-Qarafi offers a unique window into the tensions surrounding cross-madhhab influence and borrowing in Mamluk Cairo, particularly among Maliki jurists vis-à-vis their more dominant Shafi'i contemporaries. It also contributes the development of a theory of borrowing and textual attribution in the early Mamluk era. Finally, this paper argues against imposing rigid genre-boundaries on legal literature in this period, and instead emphasizes that the parallel and interrelated developments in legal canons, distinctions, and purposes (maqasid) are best understood when studied synchronously.
Discipline
Law
Geographic Area
All Middle East
Sub Area
None