عنوان

Casting Off Egyptian Ḥanafism:

شماره

LA129415

زبان متن نوشتاري يا گفتاري و مانند آن

انگلیسی

عنوان اصلي

Casting Off Egyptian Ḥanafism:

نام عام مواد

[Article]

ساير اطلاعات عنواني

Sharīʿa, Divorce, and Legal Reform in 20th-Century Egypt

نام نخستين پديدآور

Samy Ayoub

محل نشرو پخش و غیره

Leiden

نام ناشر، پخش کننده و غيره

Brill

متن يادداشت

This article explores an important debate on divorce law in early 20th-century Egypt between the sharīʿa judge Aḥmad Muḥammad Shākir (d. 1958) and the adjunct to the last Shaykh al-Islām of the Ottoman Empire, Muḥammad Zāhid al-Kawtharī (d. 1952). The debate is centred on Shākir's argument that triple divorce (three pronouncements of the divorce oath in one utterance, deemed irrevocable according to the Ḥanafī school) should be treated as a single revocable divorce, a position that the Ḥanafī school rejects. The Egyptian divorce law was changed on 10 March 1929 to embrace the revised position, supported by the government, that a triple divorce counts as a single divorce, thereby making it revocable. Shākir argued that the official adherence of the sharīʿa courts to the preponderant opinions (al-rājiḥ) of the Ḥanafī school was one of the key obstacles to meaningful legal reform in this case. Despite his declared following of the Ḥanafī school, Shākir dismissed Ḥanafī legal norms and authorities, and advocated an urgent break with the control of the Ḥanafī legal school on the process of judicial reasoning in the Egyptian sharīʿa courts. To further demonstrate this dynamic, I take up a close reading of a court decision on whether custody payments (ujrat al-ḥaḍāna) include housing support (sakan), or if the latter is a separate calculated expense. Shākir not only ruled in opposition to the Ḥanafī preponderant position but also rejected the late Ḥanafī authority Muḥammad Amīn ʿĀbidīn's (Ibn ʿĀbidīn, d. 1836) effort to harmonize the school's position on this matter. I propose that Shākir was an iconoclastic Ḥanafī. This article explores an important debate on divorce law in early 20th-century Egypt between the sharīʿa judge Aḥmad Muḥammad Shākir (d. 1958) and the adjunct to the last Shaykh al-Islām of the Ottoman Empire, Muḥammad Zāhid al-Kawtharī (d. 1952). The debate is centred on Shākir's argument that triple divorce (three pronouncements of the divorce oath in one utterance, deemed irrevocable according to the Ḥanafī school) should be treated as a single revocable divorce, a position that the Ḥanafī school rejects. The Egyptian divorce law was changed on 10 March 1929 to embrace the revised position, supported by the government, that a triple divorce counts as a single divorce, thereby making it revocable. Shākir argued that the official adherence of the sharīʿa courts to the preponderant opinions (al-rājiḥ) of the Ḥanafī school was one of the key obstacles to meaningful legal reform in this case. Despite his declared following of the Ḥanafī school, Shākir dismissed Ḥanafī legal norms and authorities, and advocated an urgent break with the control of the Ḥanafī legal school on the process of judicial reasoning in the Egyptian sharīʿa courts. To further demonstrate this dynamic, I take up a close reading of a court decision on whether custody payments (ujrat al-ḥaḍāna) include housing support (sakan), or if the latter is a separate calculated expense. Shākir not only ruled in opposition to the Ḥanafī preponderant position but also rejected the late Ḥanafī authority Muḥammad Amīn ʿĀbidīn's (Ibn ʿĀbidīn, d. 1836) effort to harmonize the school's position on this matter. I propose that Shākir was an iconoclastic Ḥanafī.

تاريخ نشر

2020

توصيف ظاهري

349-383

عنوان

Die Welt des Islams

شماره جلد

60/4

شماره استاندارد بين المللي پياييندها

1570-0607

اصطلاح موضوعی

Aḥmad Shākir

اصطلاح موضوعی

divorce law

اصطلاح موضوعی

Ḥanafī school

اصطلاح موضوعی

Muḥammad al-Kawtharī

اصطلاح موضوعی

Egypt

مستند نام اشخاص تاييد نشده

Samy Ayoub

شماره بازیابی

10.1163/15700607-00600A06

نام الکترونيکي

فرمت انتشار

p

نوع ماده

[Article]

کد کاربرگه

275578

سطح دسترسي

a

تكميل شده

Y