{"title":"玩弄法典:马穆鲁克时期的Ḥanafī法律之谜","authors":"Christian Mauder","doi":"10.1093/ojlr/rwae018","DOIUrl":null,"url":null,"abstract":"The article investigates the history of the genre of Ḥanafī legal riddles (alghāz fiqhiyya) during the Mamluk period (648/1250–923/1517). It argues that legal riddles did not constitute ‘useless’ knowledge as earlier scholarship on Islamicate learned riddles had assumed. In contrast, the article shows that the Ḥanafī texts under investigation fulfilled important functions in the transmission of canonized legal scholarship, the performance of madhhab identities, the establishment and maintenance of scholarly prestige and patronage relationships, and the legitimation of political rule. The article demonstrates that in order to fully understand processes of transmission and the canonization of legal knowledge, we must broaden our focus to encompass more than the bodies of knowledge used in qāḍī courts and taught in institutions of higher learning such as madrasas. Instead, we should be open to the possibility that Islamic legal learning and its textual tradition were also shaped by institutions and practices that catered at least as much to the curiosity and aesthetic expectations of the people involved in them as to their desire for practically useful knowledge.","PeriodicalId":44058,"journal":{"name":"Oxford Journal of Law and Religion","volume":"25 1","pages":""},"PeriodicalIF":0.4000,"publicationDate":"2024-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Playing with the Canon: Ḥanafī Legal Riddles of the Mamluk Period\",\"authors\":\"Christian Mauder\",\"doi\":\"10.1093/ojlr/rwae018\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The article investigates the history of the genre of Ḥanafī legal riddles (alghāz fiqhiyya) during the Mamluk period (648/1250–923/1517). It argues that legal riddles did not constitute ‘useless’ knowledge as earlier scholarship on Islamicate learned riddles had assumed. In contrast, the article shows that the Ḥanafī texts under investigation fulfilled important functions in the transmission of canonized legal scholarship, the performance of madhhab identities, the establishment and maintenance of scholarly prestige and patronage relationships, and the legitimation of political rule. The article demonstrates that in order to fully understand processes of transmission and the canonization of legal knowledge, we must broaden our focus to encompass more than the bodies of knowledge used in qāḍī courts and taught in institutions of higher learning such as madrasas. Instead, we should be open to the possibility that Islamic legal learning and its textual tradition were also shaped by institutions and practices that catered at least as much to the curiosity and aesthetic expectations of the people involved in them as to their desire for practically useful knowledge.\",\"PeriodicalId\":44058,\"journal\":{\"name\":\"Oxford Journal of Law and Religion\",\"volume\":\"25 1\",\"pages\":\"\"},\"PeriodicalIF\":0.4000,\"publicationDate\":\"2024-07-12\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Oxford Journal of Law and Religion\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1093/ojlr/rwae018\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Oxford Journal of Law and Religion","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1093/ojlr/rwae018","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"LAW","Score":null,"Total":0}
Playing with the Canon: Ḥanafī Legal Riddles of the Mamluk Period
The article investigates the history of the genre of Ḥanafī legal riddles (alghāz fiqhiyya) during the Mamluk period (648/1250–923/1517). It argues that legal riddles did not constitute ‘useless’ knowledge as earlier scholarship on Islamicate learned riddles had assumed. In contrast, the article shows that the Ḥanafī texts under investigation fulfilled important functions in the transmission of canonized legal scholarship, the performance of madhhab identities, the establishment and maintenance of scholarly prestige and patronage relationships, and the legitimation of political rule. The article demonstrates that in order to fully understand processes of transmission and the canonization of legal knowledge, we must broaden our focus to encompass more than the bodies of knowledge used in qāḍī courts and taught in institutions of higher learning such as madrasas. Instead, we should be open to the possibility that Islamic legal learning and its textual tradition were also shaped by institutions and practices that catered at least as much to the curiosity and aesthetic expectations of the people involved in them as to their desire for practically useful knowledge.
期刊介绍:
Recent years have witnessed a resurgence of religion in public life and a concomitant array of legal responses. This has led in turn to the proliferation of research and writing on the interaction of law and religion cutting across many disciplines. The Oxford Journal of Law and Religion (OJLR) will have a range of articles drawn from various sectors of the law and religion field, including: social, legal and political issues involving the relationship between law and religion in society; comparative law perspectives on the relationship between religion and state institutions; developments regarding human and constitutional rights to freedom of religion or belief; considerations of the relationship between religious and secular legal systems; and other salient areas where law and religion interact (e.g., theology, legal and political theory, legal history, philosophy, etc.). The OJLR reflects the widening scope of study concerning law and religion not only by publishing leading pieces of legal scholarship but also by complementing them with the work of historians, theologians and social scientists that is germane to a better understanding of the issues of central concern. We aim to redefine the interdependence of law, humanities, and social sciences within the widening parameters of the study of law and religion, whilst seeking to make the distinctive area of law and religion more comprehensible from both a legal and a religious perspective. We plan to capture systematically and consistently the complex dynamics of law and religion from different legal as well as religious research perspectives worldwide. The OJLR seeks leading contributions from various subdomains in the field and plans to become a world-leading journal that will help shape, build and strengthen the field as a whole.