{"title":"通过表演知识摧毁教堂:伊本·里夫阿的Kitāb al-nafā'is fīadillat hadm al-kanā’is(700/1301)与法律权威的社会谈判","authors":"Gowaart Van Den Bossche","doi":"10.1163/15685195-00270a01","DOIUrl":null,"url":null,"abstract":"\nIn 700/1301 the Cairene scholar Najm al-Dīn Ibn al-Rifʿa wrote a short juridical treatise entitled Kitāb al-nafāʾis fī adillat hadm al-kanāʾis in which he argued for the destruction of all churches and synagogues in Cairo. Some chroniclers report that this text was used to legitimise popular attacks on, and the destruction of, churches, but shortly thereafter, Ibn al-Rifʿa’s opinion was declared invalid by a council of prominent jurists. In addition to its juridical arguments for church destruction, Ibn al-Rifʿa suggests that the treatise was meant to function as a challenge to the author’s peers. I argue that al-Nafāʾis reflects ideas about the normative application of Shāfiʿī fiqh and that it can serve as a lens through which we can reconstruct a complex picture of the performance and negotiation of legal authority in the Mamluk period.","PeriodicalId":55965,"journal":{"name":"Islamic Law and Society","volume":"27 1","pages":"297-324"},"PeriodicalIF":0.3000,"publicationDate":"2020-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/15685195-00270a01","citationCount":"0","resultStr":"{\"title\":\"Destroying Churches by Performing Knowledge: Ibn al-Rifʿa’s Kitāb al-nafā’is fī adillat hadm al-kanā’is (700/1301) and the Social Negotiation of Legal Authority\",\"authors\":\"Gowaart Van Den Bossche\",\"doi\":\"10.1163/15685195-00270a01\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"\\nIn 700/1301 the Cairene scholar Najm al-Dīn Ibn al-Rifʿa wrote a short juridical treatise entitled Kitāb al-nafāʾis fī adillat hadm al-kanāʾis in which he argued for the destruction of all churches and synagogues in Cairo. Some chroniclers report that this text was used to legitimise popular attacks on, and the destruction of, churches, but shortly thereafter, Ibn al-Rifʿa’s opinion was declared invalid by a council of prominent jurists. In addition to its juridical arguments for church destruction, Ibn al-Rifʿa suggests that the treatise was meant to function as a challenge to the author’s peers. I argue that al-Nafāʾis reflects ideas about the normative application of Shāfiʿī fiqh and that it can serve as a lens through which we can reconstruct a complex picture of the performance and negotiation of legal authority in the Mamluk period.\",\"PeriodicalId\":55965,\"journal\":{\"name\":\"Islamic Law and Society\",\"volume\":\"27 1\",\"pages\":\"297-324\"},\"PeriodicalIF\":0.3000,\"publicationDate\":\"2020-08-29\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"https://sci-hub-pdf.com/10.1163/15685195-00270a01\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Islamic Law and Society\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1163/15685195-00270a01\",\"RegionNum\":2,\"RegionCategory\":\"哲学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"0\",\"JCRName\":\"RELIGION\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Islamic Law and Society","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1163/15685195-00270a01","RegionNum":2,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"0","JCRName":"RELIGION","Score":null,"Total":0}
引用次数: 0
摘要
在700/1301年,凯恩斯学者Najm al-Dīn Ibn al-Rifʿa写了一篇简短的法律论文,题为Kitāb al-nafāʾis fīadillat hadm al-kanāʽis,他在论文中主张摧毁开罗的所有教堂和犹太教堂。一些编年史家报告说,这段文字被用来使民众对教堂的攻击和破坏合法化,但不久之后,伊本·里夫阿的意见被一个著名法学家委员会宣布无效。除了破坏教堂的法律论据外,Ibn al-Rifʿa还认为,这篇论文旨在挑战作者的同行。我认为,al-Nafāʾis反映了关于Shāfiʿīfiqh规范应用的思想,它可以作为一个镜头,通过它我们可以重建马穆鲁克时期法律权威的表现和谈判的复杂画面。
Destroying Churches by Performing Knowledge: Ibn al-Rifʿa’s Kitāb al-nafā’is fī adillat hadm al-kanā’is (700/1301) and the Social Negotiation of Legal Authority
In 700/1301 the Cairene scholar Najm al-Dīn Ibn al-Rifʿa wrote a short juridical treatise entitled Kitāb al-nafāʾis fī adillat hadm al-kanāʾis in which he argued for the destruction of all churches and synagogues in Cairo. Some chroniclers report that this text was used to legitimise popular attacks on, and the destruction of, churches, but shortly thereafter, Ibn al-Rifʿa’s opinion was declared invalid by a council of prominent jurists. In addition to its juridical arguments for church destruction, Ibn al-Rifʿa suggests that the treatise was meant to function as a challenge to the author’s peers. I argue that al-Nafāʾis reflects ideas about the normative application of Shāfiʿī fiqh and that it can serve as a lens through which we can reconstruct a complex picture of the performance and negotiation of legal authority in the Mamluk period.
期刊介绍:
Islamic Law and Society provides a forum for research in the field of classical and modern Islamic law, in Muslim and non-Muslim countries. Celebrating its sixteenth birthday in 2009, Islamic Law and Society has established itself as an invaluable resource for the subject both in the private collections of scholars and practitioners as well as in the major research libraries of the world. Islamic Law and Society encourages discussion on all branches of Islamic law, with a view to promoting an understanding of Islamic law, in both theory and practice, from its emergence until modern times and from juridical, historical and social-scientific perspectives. Islamic Law and Society offers you an easy way to stay on top of your discipline.