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| We also note the distinction between thought-based knowledge and transmitted or received knowledge reflected in the twin juristic and hadith-related expressions of 'ilm al-diraya, that is, knowledge based on understanding, and 'ilm al-Tiwaya, that is, report-based and transmitted knowledge. The famous fourteenth-century Granadan jurisconsult, al-Shatibi--unquestionably one of the most brilliant minds in Islamic legal history--cautioned that juristic incompetence could impose no difficulty upon a people harsher than to require them to repudiate their sound local customs and conventional usage. On the significance of the sang royal in Bourbon-absolutist ideology, see Ralph Giesey, The Juristic Basis of Dynastic Right to the French Throne (Philadelphia, 1961). |
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