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引用次数: 2
摘要
本文追溯了8 /14世纪出现的一种特殊法律谜语的汇编,特别提到伊本Farḥūn (d. 799/1397)的汇编。伊本Farḥūn的谜语只能由精通伊斯兰实证法的人来解开,他认为这些谜语既是一种适当的休闲娱乐形式,也是一种竞争性的教学方法。与此同时,伊本Farḥūn在他的谜语的基础上衍生出了新颖的法律观点,这表明法学家使用假设的、想象的情况来得出新的裁决。文章还追溯了在更广泛的伊斯兰猜谜传统和adab猜谜传统中基于furhi - al的法律谜语的起源。
This article traces the emergence of compilations of a particular kind of legal riddle in the 8th/14th century, with special reference to the compilation of Ibn Farḥūn (d. 799/1397). Ibn Farḥūn’s riddles could be solved only by someone with detailed knowledge of Islamic positive law (furūʿ), and he argues that they are both an appropriate form of restful entertainment and a kind of competitive pedagogy. At the same time, Ibn Farḥūn derived novel legal opinions on the basis of his riddles, which demonstrates that jurists used hypothetical, imaginative situations to derive new rulings. The article also traces the origins of furūʿ-based legal riddles in the more diffuse tradition of Islamic riddling and in the adab tradition of riddling.
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.