al-Ihkam fi Tamyiz al-Fatawa ‘an al-Ahkam wa Tasarrufat al-Qadi wa-l-Imam
E634007
al-Ihkam fi Tamyiz al-Fatawa ‘an al-Ahkam wa Tasarrufat al-Qadi wa-l-Imam is a seminal work of Maliki legal theory that systematically distinguishes between fatwas, judicial rulings, and the discretionary actions of judges and rulers in Islamic law.
Statements (44)
| Predicate | Object |
|---|---|
| instanceOf |
Islamic legal treatise
ⓘ
book ⓘ work of Maliki legal theory ⓘ |
| aimsTo |
define the legal status of executive and administrative decisions by rulers
ⓘ
distinguish between non-binding legal advice and binding judicial decisions ⓘ |
| audience |
jurists
ⓘ
scholars of Islamic governance ⓘ students of Islamic law ⓘ |
| concerns |
binding versus non-binding legal norms in Islamic law
ⓘ
criteria for validity of fatwas ⓘ criteria for validity of judicial rulings ⓘ limits of discretionary power in Islamic governance ⓘ public interest (maslaha) in judicial and executive decisions ⓘ relationship between religious authority and political authority in Islamic law ⓘ separation and overlap of mufti, qadi, and ruler roles ⓘ |
| contribution |
analyzes the legal effect of discretionary acts of judges and rulers
ⓘ
clarifies the boundaries between legal opinion and binding judgment ⓘ provides a framework for understanding different types of legal authority in Islam ⓘ |
| describedAs | seminal work of Maliki legal theory ⓘ |
| field |
Islamic law
ⓘ
Maliki fiqh NERFINISHED ⓘ usul al-fiqh NERFINISHED ⓘ |
| focusesOn |
scope of authority of the imam or ruler
ⓘ
scope of authority of the mufti ⓘ scope of authority of the qadi ⓘ systematic distinction between fatwas and judicial rulings ⓘ systematic distinction between judicial rulings and executive actions ⓘ |
| genre | legal theory ⓘ |
| influences |
later Maliki discussions of judicial and executive authority
ⓘ
modern scholarship on fatwas and Islamic governance ⓘ |
| language | Arabic ⓘ |
| legalSchool | Maliki NERFINISHED ⓘ |
| mainSubject |
discretionary powers of judges
ⓘ
discretionary powers of rulers ⓘ distinction between fatwas and ahkam ⓘ fatwa ⓘ judicial discretion ⓘ judicial rulings in Islamic law ⓘ political authority in Islamic law ⓘ |
| titleTranslation | The Determination in Distinguishing Fatwas from Rulings and the Acts of the Judge and the Imam NERFINISHED ⓘ |
| usedIn |
research on Islamic judiciary
ⓘ
research on Islamic political authority ⓘ research on fatwa and ifta practices ⓘ studies of Islamic legal institutions ⓘ |
Referenced by (1)
Full triples — surface form annotated when it differs from this entity's canonical label.