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The Criterion for Distinguishing Legal Opinions from Judicial Rulings and the Administrative Acts of Judges and Rulers$
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Shihab al-Din Ahmad ibn Idris al-Qarafi al-Maliki

Print publication date: 2017

Print ISBN-13: 9780300191158

Published to Yale Scholarship Online: September 2017

DOI: 10.12987/yale/9780300191158.001.0001

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Translator’s Introduction

Translator’s Introduction

Chapter:
(p.1) Translator’s Introduction
Source:
The Criterion for Distinguishing Legal Opinions from Judicial Rulings and the Administrative Acts of Judges and Rulers
Author(s):

Shihab al-Din Ahmad ibn Idris al-Qarafi al-Maliki

, Mohammad H. Fadel
Publisher:
Yale University Press
DOI:10.12987/yale/9780300191158.003.0001

This chapter provides an overview of the present volume, which is the first English translation of the Al-I ṭk ām fī Tamyīz al-Fatāwa ʿan al-Aṭkām wa Taṣarrufāt al-Qāḍīwa'l-Imām (The Criterion for Distinguishing Legal Opinions from Judicial Rulings and the Administrative Acts of Judges and the Ruler [hereafter, “the Criterion”]) by Shihāb al-Dīn Ahmad b. Idrīs al-Qarāfā. This work is neither of theoretical jurisprudence nor of substantive law, but exists at the intersection of both. The Criterion aims to reconcile the idea of divinely revealed law with the fact that the practical norms of Islamic law can be applied only through the actions of particular human institutions.

Keywords:   Islamic law, translation, Islamic texts, divine law, Idrīs al-Qarāfā

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