Disagreements of the Jurists A Manual of Islamic Legal Theory

Abstract

The book starts with “The Provenance of this Book” and states that the beginning
of all manuscripts show a short text by al-Qadi al-Nu‘man to demonstrate
that it was passed down from his father and grandfather. After this, it lists who
they are and their positions as judges and proclaims that the book was written
for the Fatimid caliph al Mu‘izz (r. 953-75).
Book Reviews 137
The “Introduction” acquaints the reader with al-Qadi al-Nu‘man and this
work, providing a bibliography of his other books. The sources of his works
are mentioned as being mainly Zaydi and Imami (mostly Kufan) and suggest
a compromise between Shi‘ism’s two traditions while refuting Sunni theories
of legal interpretations. Al-Nu‘man wrote several treatises showing his engagement
with Sunni Islam. These polemical works refute the Maliki jurist Muhammad
b. Ahmad al ‘Utaqi, Ibn Qutaybah, al-Shafi‘i, and Ibn Surayj al-Baghdadi.
The author suggests that the words “a certain Baghdadi” may refer to Ibn
Surayj. This work, plus his Da‘ā’im al-Islām, form the basis of Ismaili law.
The content and significance of Ikhtilāf Uṣūl al-Madhāhib are explained, and
all works dealing with it are listed in a useful bibliography. The “Prologue,”
which sets the scene, states that differences existing among all those who pray
toward Makkah, use the same Qur’an, accept the same Prophet, and yet are
dispersed into disputing parties and numerous groups ...