Chapter

SHIʿI JURISPRUDENCE DURING THE SELJUQ PERIOD: REBELLION AND PUBLIC ORDER IN AN ILLEGITIMATE STATE

Robert Gleave

in The Seljuqs

Published by Edinburgh University Press

Published in print July 2011 | ISBN: 9780748639946
Published online March 2012 | e-ISBN: 9780748653294 | DOI: http://dx.doi.org/10.3366/edinburgh/9780748639946.003.0011
SHIʿI JURISPRUDENCE DURING THE SELJUQ PERIOD: REBELLION AND PUBLIC ORDER IN AN ILLEGITIMATE STATE

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The Seljuqs are described as fanatical promoters of Sunnism. In the capture of Baghdad by Tughril Beg, the Buyid power and the public expression of Shi،i came to an end. The Shi،i community, both in Baghdad and elsewhere in the Seljuq empire faced considerable restrictions. The damage to the intellectual infrastructure of Shi،ism was also significant. Among the attacks on Shi،ism intellectual infrastructure was the burning of libraries. These restrictions on Shi،ism intellectual activity brought stagnation on Shi،I intellectualism. This chapter aims to rebut the characterisation of Shi،i scholars particularly al-Tūsī as intellectually impoverished. Such depiction is argued to be promulgated in Shi،i legal histories in order to establish al-Tūsī as the undisputed progenitor of the Shi،i legal tradition. The first section of the chapter discusses the convergence and divergence of post-Tūsī scholars with al-Tūsī. It examines the levels of inter-madhhab agreement in order to compare the post-Tūsī jurisprudence with other periods to discover whether the Seljuq period was slavish. The second section discusses the commanding right and forbidding wrong of al-Tūsī's al-Wasīla. The third section focuses on the law of rebellion which is usually covered in the chapter on jihad in fiqh works.

Keywords: Sunnism; Tughril Beg; Shi،i; al-Tūsī; inter-madhhab agreement; post-Tūsī jurisprudence; al-Wasīla; jihad

Chapter.  10631 words. 

Subjects: Society and Culture

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