
Contents
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Defining Legal Categories Defining Legal Categories
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From Private Inquiry to Public Debate: The Changing Landscape of Fatwa Writing in British India From Private Inquiry to Public Debate: The Changing Landscape of Fatwa Writing in British India
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Publication, Republication, and Reception: Toward a New Corpus of Islamic Law Publication, Republication, and Reception: Toward a New Corpus of Islamic Law
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Affirmation, Repetition, and Accretion: Fatwas and Substantive Legal Change Affirmation, Repetition, and Accretion: Fatwas and Substantive Legal Change
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Conclusion: Rereading ʿAbd-ul-Hayy and Debating a New Corpus of Islamic Legal Literature Conclusion: Rereading ʿAbd-ul-Hayy and Debating a New Corpus of Islamic Legal Literature
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4 Personal Law in the Public Sphere: Fatwas, Print Publics, and the Making of Everyday Islamic Legal Discourse
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Published:July 2022
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Abstract
As legislation worked to limit and redefine the scope of Muslim personal law throughout much of the nineteenth century, an explosion of institutions and outlets for vernacular-language religious publishing catapulted conversations about personal and religious law into the public sphere. These conversations, which exploited new networks of communication that spanned the subcontinent, went beyond the limited range of topics that fell under the rubric of Muslim personal law and turned small-town religious scholars into public figures and publishing entrepreneurs. Introducing these entrepreneurial religious leaders, this chapter addresses the making of everyday Islamic law through the authorship and publication of fatwas (non-binding religious legal opinions written by muftis). It traces the mechanisms of affirmation, repetition, and accretion that transformed non-binding opinions into law-like rules and identifies the modes of transmission and communication that turned these otherwise private religious consultations into public discourses. This chapter uses the posthumous publication of ʿAbd al-Hayy Farangi Mahalli’s Collection of Fatwas (Majmūʻat al-fatāwá) to demonstrate how affordable vernacular publishing not only bolstered the personas of esteemed scholars but also contributed to the making of a new canon of South Asian legal literature. The chapter concludes by acknowledging the reception history of ʻAbd al-Hayy’s famed collection, as readers questioned his earlier opinions in the fatwas they requested from the next generation of muftis.
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