Trattato sulla guerra. Il kitab al-jihad di Molla Hüsrev

Description

At Mehmed Fatih Sultan time, the reference work on fiqh was written by Molla Hüsrev and titled Durar al-Hukkam fi Sharh Ghurar al-Ahkam". It became a reference book in Ottoman madrasas until the end of the empire and a classical text of the Hanafi tradition tout court. The original text, the Ghurar al-Ahkam (written in 872-873/1468), exemplifies the literary genre of Hanafi tradition called ghayr al-mudallal, that means “not supported with arguments.” In fact, it does not treat the details of the references of rules. The details and the different opinions are exposed in the commentary (sharh), titled Durar al-Hukkam, completed in 882-883/1478, in which the author writes as a mujtahid of its time, displaying independence of opinion. Between 154746 and the second half of the eighteenth century,47 were made at least 17 editions of comments on the Durar al-Hukkam, in both the typical genres of juridical explanation, namely the commentary in its proper sense (sharh) or the marginal notes (hashiya).48 It was used at Mehmed II’s court as manual and viewed as a sort of Hanafi civil code of the time.