Abstract
In the existing Islamic legal historiography on
the 19th century, the focus has mostly been on the
state-sponsored codification projects and the legal
reformist attempts of Muslim modernists. In this
article, I take a different approach by exploring the
trajectory of one Islamic law-book (Ghāyat al-ikhtiṣār) written in the 12th century and its journey to
the 19th century via multiple commentaries and
super-commentaries across the terrains of the
Shāfiʿīte school of Islamic law. I examine two
»cultural translators« of this law book, who hailed
from completely distant socio-cultural, political,
and geographical contexts: Ibrāhīm al-Bājūrī
(1784–1860), the rector of al-Azhar University
Cairo from 1847 till his death, and Eduard Sachau
(1845–1930), a professor at the University of Berlin
starting in 1876. Juxtaposing al-Bājūrī with Sachau,
as two cultural translators of one law, I investigate
the nuances of mediators who stand between
different legal times, traditions, languages, and
meanings associate or disassociate with the realities
of their particular socio-cultural contexts. Their
experiments involving what is familiar and what
is foreign explicate that the ambivalences in legal
transfers cannot be reduced into any particular
moments or intentions of the mediators, and the
larger context is emphatically embedded within
legalistic projects. Accordingly, the very concept of
cultural translation should be reexamined in terms
of law in order to accommodate various complexities.
Citation
ID:
213182
Ref Key:
kooria2016rechtsgeschichtetwo