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كتاب اختلاف أصول المذاهب
للقاضي النعمان
The Disagreements of the Jurists
A Manual of Islamic Legal Theory
Al-Qāḍī al-Nuʿmān
Edited and translated by
Devin J. Stewart
Volume editor
Joseph E. Lowry
NEW YORK UNIVERSITY PRESS
New York and London
Table of Contents
Letter from the General Editor
Acknowledgments
Introduction
A Note on the Text
Notes to the Introduction
The Disagreements of the Jurists
Chapter One: The Cause of Disagreement
Chapter Two: Disagreement over the Rulings of the Religion
Chapter Three: Against Disagreement over the Rulings of the Religion
Chapter Five: Against Arbitrary Submission to Authority
Chapter Seven: Against Consensus
Chapter Eight: Against Speculation
Chapter Ten: Against Preference
Chapter Eleven: Against Inference
Chapter Twelve: Against Legal Interpretation and Personal Judgment
Glossary of Names and Terms
Bibliography
Further Reading
Index of Qurʾan Passages
About the NYU Abu Dhabi Institute
About this E-book
About the Editor-Translator
Library of Arabic Literature
Editorial Board
General Editor
Philip F. Kennedy, New York University
Executive Editors
James E. Montgomery, University of Cambridge
Shawkat M. Toorawa, Cornell University
Editors
Julia Bray, University of Oxford
Michael Cooperson, University of California, Los Angeles
Joseph E. Lowry, University of Pennsylvania
Tahera Qutbuddin, University of Chicago
Devin J. Stewart, Emory University
Managing Editor
Chip Rossetti
Digital Production Manager
Stuart Brown
Editorial Assistant
Gemma Juan-Simó
Letter from the General Editor
The Library of Arabic Literature is a new series offering Arabic editions and English translations of key works of classical and pre-modern Arabic literature, as well as anthologies and thematic readers. Books in the series are edited and translated by distinguished scholars of Arabic and Islamic studies, and are published in parallel-text format with Arabic and English on facing pages. The Library of Arabic Literature includes texts from the pre-Islamic era to the cusp of the modern period, and encompasses a wide range of genres, including poetry, poetics, fiction, religion, philosophy, law, science, history, and historiography.
Supported by a grant from the New York University Abu Dhabi Institute, and established in partnership with NYU Press, the Library of Arabic Literature produces authoritative Arabic editions and modern, lucid English translations, with the goal of introducing the Arabic literary heritage to scholars and students, as well as to a general audience of readers.
Philip F. Kennedy
General Editor, Library of Arabic Literature
Acknowledgments
In completing this work I have accumulated a large number of debts that I hope I will be able to repay. I would like to thank the Institute of Ismaili Studies, London, for providing copies of the two manuscripts of Ikhtilāf uṣūl al-madhāhib in their collections, and especially to Dr. Omar Alí-de-Unzaga, the academic coordinator of the Qurʾanic Studies
