Search

Copyright of Asiatische Studien is the property of De Gruyter and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Although recognized as an important legal authority in the formative period of Mālikī legal doctrine (2nd-3rd/8th-9th century), Ašhab b. ʿAbd al-ʿAzīz (d. 204/820) is portrayed in narrative sources after the 4th/10th century as a scholar who diverged from or even contradicted the master's doctrine, Mālik b. Anas (d. 179/795). This article examines Ašhab's divergence and independency through the analysis of seven anecdotes consigned in the Mālikī biographical literature between the 4th/10th and 6th/12th centuries. By placing these anecdotes in their political, social and doctrinal contexts of writing we emphasize that: 1. Ašhab's divergence is a historical construction that is 2. the corollary of the evolution of Mālikī legal doctrine between the 3rd/9th and 6th/12th centuries. In fine , we show that an interconnection exists between the biographical tradition built on Ašhab and the evolution of the Mālikī maḏhab (doctrinal school of law). [ABSTRACT FROM AUTHOR]

Résumé: La découverte de nombreux fragments coraniques anciens à Fusṭāṭ semble aller à l'encontre du discours véhiculé par les sources littéraires, qui n'accordent à l'Égypte qu'un rôle mineur dans l'histoire de la constitution du Coran. Le présent article tente de résoudre ce paradoxe en retraçant l'histoire de l'introduction du Coran en Égypte dans la seconde moitié du Ier/VIIe siècle. Il met en évidence l'existence d'un codex pré-canonique attribué au gouverneur ʿUqba b. ʿĀmir al-Ǧuhanī (m. 58/677-8), un Compagnon considéré comme une des principales autorités dont se réclamaient les savants égyptiens de l'époque omeyyade. Le codex de ʿUqba, qui n'était vraisemblablement qu'un exemplaire à usage privé, sombra dans l'oubli après que le gouverneur ʿAbd al-ʿAzīz b. Marwān eut fait réaliser une copie officielle du Coran conforme au canon ʿuṯmānien. The discovery of numerous ancient Qur'anic fragments in Fusṭāṭ apparently contradicts literary sources, according to which Egypt played only a minor role in the constitution of the Qur'an. This article addresses this paradox by reviewing the history of the introduction of the Qur'an in Egypt in the second half of the first/seventh century. It highlights the existence of a pre-canonical codex attributed to the governor ʿUqba b. ʿĀmir al-Juhanī (d. 58/677-8), a Companion regarded by Egyptian scholars of the Umayyad period as one of their main authorities. The codex of ʿUqba, which was presumably only a copy for private use, fell into oblivion after the governor ʿAbd al-ʿAzīz b. Marwān had an official copy of the Qur'an produced in accordance with the ʿuthmānian canon. [ABSTRACT FROM AUTHOR]

The present article offers the edition of two legal papyri regarding repudiation, preserved in the Michaelides collection of the Cambridge University Library. The first one, a title page dating to the middle of the third/ninth century, suggests that the second one, an excerpt regarding the oath of abstinence (īlāʾ), may be attributed to the Egyptian Mālikī jurist Aṣbagh b. al-Faraj (d. 225/840). This sample, that may be so far the only surviving pages of this author's Samāʿ or Nawāzil , alternates quotations from Mālik's Muwaṭṭa⁠ʾ with the argumentation of another authority, perhaps Aṣbagh himself. It also preserves traces of legal controversies both in the milieu of Medinese scholars and in that of Egyptian jurists. These two papyri thus offer an unprecedented testimony to the formation of a Mālikī madhhab in Egypt and to the dialogical relationship that was established in the first half of the third/ninth century between jurists who claimed to follow the Medinese master. [ABSTRACT FROM AUTHOR]

While it is true that little is known about justice (qada) and how it functioned in the first century of Islam, this is no longer the case for Iraq during the Abbasid period (up to the arrival of the Büyids in 334/945), the subject of Mathieu Tillier's recent study. In the following pages, I will provide a presentation that traces, chapter by chapter, the history of the judicial institution during this period according to the author's outline, both in the evolution of its practices and of its means of expression and in its troubled relationship, often one of subordination to political power. When necessary, I will examine points that seem subject to debate and I will suggest some small improvements and formal corrections. [ABSTRACT FROM AUTHOR]