This volume is one of the first monographs to discuss the nature of authority in the thought of Jalāl al-Dīn al-Suyūṭī (d. 911/1505) and the contemporary period. It is an important contribution to the life and work of this important late Mamluk scholar whose work is generally understudied, despite his prestige and eminence in Muslim thought. The work presents a study of al-Suyūṭī’s view of juridical and legal authority through a study of his fatāwa that deal with these issues and their impact in the contemporary sphere.
The introduction (pp. 1–23) begins with a short discussion of al-Suyūṭī’s claim to be both a mujtahid and mujaddid (pp. 1–5), which sets out the basic frame for the work that follows. The monograph is a discussion of al-Suyūṭī’s claims to authority, the way that claim is manifested in fatāwa, and the impact that both his claim to authority and the fatāwa have had on contemporary scholarship.
Chapter 1, “Authority by persuasion: power relations in al-Suyūṭī’s legal opinion on scholarly stipends” (pp. 25–61) focuses on the Baybarsiyya Dispute, the legal wrangling between al-Suyūṭī and the Sufis of the Baybarsiyya khānqāh and al-Suyūṭī’s fatwa al-Inṣāf fī tamyīz al-awqāf (Fairness in distinguishing endowments). Hernandez provides a brief summary of the fatwa (although there is neither a full translation, nor much citation from it), and explores its contents through the lens of power relationships. She concludes that al-Suyūṭī uses the fatwa to establish the importance of the ʿulamāʾ within the social structure of Muslim society as scholars and moral leaders, over the secular leadership (p. 60).
Chapter 2, “Authority by association: consensus vs. ignorance in al-Suyūṭī’s legal opinion on logic” (pp. 63–100) is a study of the fatwa al-Qawl al-mushriq fī taḥrīm al-istighāl bi'l-manṭiq (An enlightening statement prohibiting preoccupation with logic). Exploring this fatwa from the perspective of understanding the underlying motivations (see pp. 65–7), Hernandez argues that while the fatwa rejects logic, its main aim is to consolidate al-Suyūṭī’s authority as a religious scholar and enables him “to reply to specific challenges to his authority as a mujtahid” (p. 99).
Chapter 3, “Authority by articulation: the language of religious revival and reform in al-Suyūṭī’s Tajdīd genre” (pp. 101–36) is, unlike the first two chapters, not a study of a specific fatwa but a discussion of the theme of ijtihad and tajdīd within al-Suyūtī’s oeuvre. The chapter discusses the differences between the two and the importance of al-Suyūṭī’s claim to be both. Hernandez also argues that al-Suyūṭī’s discussions of tajdīd sowed the seeds for later Muslim reformists such as al-Shawkānī, Dan Fodio and Rashīd Riḍā.
Chapter 4, “Authority by aggregation and abstraction: the pragmatics of communication in al-Suyūṭī’s book on legal precepts” (pp. 137–72), is a discussion of legal precepts and maxims, with a focus on his al-Ashbāh wa'l-naẓāʾir fi'l-qawāʾid al-fiqhiyya. Hernandez explores al-Suyūṭī’s approach to law through pragmatic linguistics (pp. 139–41). Hernandez concludes that “al-Suyūṭī engages in the actual business of jurisprudence in the manner that the later scholars did best: consolidation, systematization, and reformulation of the tradition” (p. 172).
Chapter 5, “Authority by allusion: the legacy of al-Suyūṭī in contemporary Egypt” (pp. 173–212) explores contemporary discussions of al-Suyūṭī’s al-Ashbāh wa'l-naẓāʾir published on YouTube by three scholars with positions at the al-Azhar in Cairo: Shaykh ʿAlī Gumʿa (pp. 189–96), Shaykh Muḥammad Wisām Khiḍr (pp. 196–201) and Shaykh ʿAmr al-Wardānī (pp. 201–11). Hernandez highlights the fact that in a period of political turmoil after the Arab Spring, scholars, who describe themselves as promoting Sunnī “orthodoxy”, turned to figures such as al-Suyūtī for support and discussion. This chapter was an extremely interesting exploration of the way in which medieval scholars have had an impact on contemporary discourse.
The final conclusion (pp. 213–21) is focused more keenly on the contemporary period and the relationship between the government and waqf institutions, with a comparison of the ways both those working at the al-Azhar and al-Suyūṭī defended themselves and their institutions in the wake of criticism. The monograph contains a full bibliography (pp. 223–34) and a short index (pp. 235–8).
Having read this very interesting study of al-Suyūṭī’s views on authority, I have three minor criticisms. The first is the lack of primary source material visible in the text itself: it would have been nice to have seen what al-Suyūṭī says first hand, rather than everything being mediated through Hernandez. The second is a lack of engagement with al-Suyūṭī’s ḥadīth material: this is touched upon briefly, but by-and-large there is very little discussion of al-Suyūṭī’s views on ḥadīth, his use of ḥadīth and his ḥadīth collections, which would seem to play an important role in his articulation of authority. The third is that the book is positioned as a discussion of al-Suyūṭī’s legal thought; however, this is not really the case. The book does not really engage with al-Suyūṭī’s discussions of law, but rather on al-Suyūṭī’s claims to authority, as witnessed in a few of his fatāwa. Consequently, there still remains little scholarship on al-Suyūṭī’s legal thought. In her introduction, Hernandez comments that “Al-Suyūṭī’s story, as I tell it in this book, is ultimately a story about authority’ (p. 23). Although it is an important thread in many of al-Suyūṭī’s works, I remain slightly sceptical that al-Suyūṭī’s works are solely about authority, there is more to al-Suyūṭī than his hubris and claim to be a mujtahid and mujaddid.”
However, all in all, Hernandez's monograph is a very valuable contribution to the field of legal theory and the role of the ʿulamāʾ in late classical and modern legal thought. The discussion of his reception in contemporary Egypt is particularly engaging. Considering al-Suyūṭī’s stature and the dearth of studies exploring his works, this monograph also provides a vital addition to our knowledge of al-Suyūṭī.
