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2 - Between Person and Property: Slavery in Qudūrī’s Mukhtaṣar

Published online by Cambridge University Press:  05 July 2012

Mona Siddiqui
Affiliation:
University of Edinburgh
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Summary

Slavery and freedom are intimately connected, that contrary to our atomistic prejudices it is indeed reasonable that those who most denied freedom, as well as to those to whom it was most denied, were the very persons most alive to it. Once we understand the essence and the dynamics of slavery, we immediately realize that there is nothing in the least anomalous about the fact that an Aristotle or a Jefferson owned slaves. Our embarrassment springs from our ignorance of the true nature of slavery.

(Orlando Patterson)

The analysis of divine law in the Islamic context took place primarily in the literary genre known as furū‘ al-fiqh (branches of jurisprudence). Works of furū‘ can be classified in two categories, mukhtaṣars or epitomes of the law and mabsūṭs or expansums. When writing my Ph.D. thesis on the Fatāwā ‘Alamgīrī, I was directed to the Mukhtaṣar of Aḥmad b. Muḥammad al-Qudūrī (d. 428/1037) as a text containing a succinct exposition of the Ḥanafī laws of marriage. I found the text to be very concise and clear in elucidating the major issues around marriage as a contract. The style was one of offering the rules rather than discussing points of disagreement. Yet I did not return to the Mukhtaṣar after the initial analysis of marriage laws. In his later work on form and content of furū‘ texts, my supervisor, the late Norman Calder, describes this particular mukhtaṣar (also called matn or text) as ‘the finest of the Ḥanafī mukhtaṣars’ which was ‘for centuries a teaching tool, a point of reference and a focus of commentary, due to its reliability as an expression of the basic norms of the Ḥanafī tradition’.

Type
Chapter
Information
The Good Muslim
Reflections on Classical Islamic Law and Theology
, pp. 36 - 66
Publisher: Cambridge University Press
Print publication year: 2012

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References

QudūrīKiani, Tahir MahmoodLondonTa-Ha Publishers Ltd 2010 xxxiiiGoogle Scholar

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