NOTES PERTAINING TO PUBLICATION, DISTRIBUTION, ETC.
Text of Note
Place of publication: United States, Ann Arbor; ISBN=978-0-355-53016-2
DISSERTATION (THESIS) NOTE
Dissertation or thesis details and type of degree
Ph.D.
Discipline of degree
Religion, Study of
Body granting the degree
University of Toronto (Canada)
Text preceding or following the note
2017
SUMMARY OR ABSTRACT
Text of Note
The 5th/11th century Shāfi'ī jurist Abū Ishāq al-Shīrāzī (d. 476/1083) rose to scholarly fame in the context of a Baghdad culture of pious critical debate. The emergence of the practice of disputation (munāzara ) within the 10th century Muslim lands of Iraq and Persia had shaped a class of jurists dedicated to open and continual face-to-face debate in their search for God's law (ijtihād). Jurists debated each other on contentious legal issues (al-khilāf ): one jurist would adopt a thesis and try to defend it in the face of his opponent's objections. They structured their practice around the boundaries of school affiliation and hierarchies. They debated those of equal rank and defended their doctrines from outside-school detractors. Their intended audience was fellow-jurists who could benefit and learn from exposure to critical debate. The ideal setting for the disputation was a space like the mosque because it was removed from the court of rulers and their potential influence on the debate. The pedagogical ethics of the disputation demanded that all present treat the practice with the seriousness and sincerity characteristic of acts of religious devotion. The jurists' exclusion of lay Muslims from their debates entrenched their role as religious guides of the community and reinforced the gender-hierarchy that marginalized women's voices in the shaping of the law.
TOPICAL NAME USED AS SUBJECT
Religion; Middle Eastern history; Islamic Studies
UNCONTROLLED SUBJECT TERMS
Subject Term
Philosophy, religion and theology;Social sciences;Classical schools of law;Islamic law;Munazara;Usul al-fiqh