{"title":"编纂学与伊斯兰法的变革:首次评估普林斯顿加勒特藏书中的 Tarjīḥāt al-bayyināt","authors":"Tobias Scheunchen","doi":"10.1163/1878464x-01502006","DOIUrl":null,"url":null,"abstract":"<p>In Islamic law, preponderance (<i>tarjīḥ</i>)—a practical method for <i>mujtahid</i>s to resolve legal contradictions (<i>taʿāruḍ</i>) between proofs—has been known in the <i>uṣūl</i> tradition from at least the 10th-century jurist al-Jaṣṣāṣ (d. 370/981). Yet, it is in several 17th and 18th-century Arabic and Ottoman manuscripts of Princeton’s Garrett Collection that we encounter summary-like lists labelled “tarjīḥāt al-bayyināt” (“<span style=\"font-variant: small-caps;\">TB</span> s”), which succinctly compile the complex rules of preponderance. Organized into three-columned lists, on loose leaves, as annotations in the margin or separate textual units, the <span style=\"font-variant: small-caps;\">TB</span> s follow a grammatical and visual layout that made them predictable and recognizable for manuscript readers. This paper examines the <span style=\"font-variant: small-caps;\">TB</span> s as a codicological phenomenon, arguing that they served as a shorthand for legal practitioners familiar with evidentiary law and that their presence suggests a broader transformative process of readers’/legal practitioners’ relationship with codices of positive law at this critical moment in the history of Islamic law.</p>","PeriodicalId":40893,"journal":{"name":"Journal of Islamic Manuscripts","volume":"2 1","pages":""},"PeriodicalIF":0.2000,"publicationDate":"2024-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Codicology and the Transformation of Islamic Law: A First Assessment of the Tarjīḥāt al-bayyināt in the Princeton Garrett Collection\",\"authors\":\"Tobias Scheunchen\",\"doi\":\"10.1163/1878464x-01502006\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"<p>In Islamic law, preponderance (<i>tarjīḥ</i>)—a practical method for <i>mujtahid</i>s to resolve legal contradictions (<i>taʿāruḍ</i>) between proofs—has been known in the <i>uṣūl</i> tradition from at least the 10th-century jurist al-Jaṣṣāṣ (d. 370/981). Yet, it is in several 17th and 18th-century Arabic and Ottoman manuscripts of Princeton’s Garrett Collection that we encounter summary-like lists labelled “tarjīḥāt al-bayyināt” (“<span style=\\\"font-variant: small-caps;\\\">TB</span> s”), which succinctly compile the complex rules of preponderance. Organized into three-columned lists, on loose leaves, as annotations in the margin or separate textual units, the <span style=\\\"font-variant: small-caps;\\\">TB</span> s follow a grammatical and visual layout that made them predictable and recognizable for manuscript readers. This paper examines the <span style=\\\"font-variant: small-caps;\\\">TB</span> s as a codicological phenomenon, arguing that they served as a shorthand for legal practitioners familiar with evidentiary law and that their presence suggests a broader transformative process of readers’/legal practitioners’ relationship with codices of positive law at this critical moment in the history of Islamic law.</p>\",\"PeriodicalId\":40893,\"journal\":{\"name\":\"Journal of Islamic Manuscripts\",\"volume\":\"2 1\",\"pages\":\"\"},\"PeriodicalIF\":0.2000,\"publicationDate\":\"2024-09-15\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Journal of Islamic Manuscripts\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1163/1878464x-01502006\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"0\",\"JCRName\":\"HUMANITIES, MULTIDISCIPLINARY\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of Islamic Manuscripts","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1163/1878464x-01502006","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"0","JCRName":"HUMANITIES, MULTIDISCIPLINARY","Score":null,"Total":0}
Codicology and the Transformation of Islamic Law: A First Assessment of the Tarjīḥāt al-bayyināt in the Princeton Garrett Collection
In Islamic law, preponderance (tarjīḥ)—a practical method for mujtahids to resolve legal contradictions (taʿāruḍ) between proofs—has been known in the uṣūl tradition from at least the 10th-century jurist al-Jaṣṣāṣ (d. 370/981). Yet, it is in several 17th and 18th-century Arabic and Ottoman manuscripts of Princeton’s Garrett Collection that we encounter summary-like lists labelled “tarjīḥāt al-bayyināt” (“TB s”), which succinctly compile the complex rules of preponderance. Organized into three-columned lists, on loose leaves, as annotations in the margin or separate textual units, the TB s follow a grammatical and visual layout that made them predictable and recognizable for manuscript readers. This paper examines the TB s as a codicological phenomenon, arguing that they served as a shorthand for legal practitioners familiar with evidentiary law and that their presence suggests a broader transformative process of readers’/legal practitioners’ relationship with codices of positive law at this critical moment in the history of Islamic law.
期刊介绍:
The Journal of Islamic Manuscripts (JIM) explores the crucial importance of the handwritten book in the Muslim world. It is concerned with the written transmission of knowledge, the numerous varieties of Islamic book culture and the materials and techniques of bookmaking, namely codicology. It also considers activities related to the care and management of Islamic manuscript collections, including cataloguing, conservation and digitization. It is the Journal’s ambition to provide students and scholars, librarians and collectors – in short, everyone who is interested in Islamic manuscripts – with a professional journal and functional platform of their own. It welcomes contributions in English, French and Arabic on codicology, textual studies, manuscript collections and collection care and management. Papers will be peer-reviewed to maintain a high scholarly level. The Journal of Islamic Manuscripts is published on behalf of the Islamic Manuscript Association Limited, an international non-profit organization dedicated to protecting Islamic manuscripts and supporting those who work with them.