Al-Suyuti's Legal Persona: A Dissertation on Authority

FRAMING THE JURIST:
THE LEGAL PERSONA OF JALAL AL-DIN AL-SUYUTI
A Dissertation
submitted to the Faculty of the
Graduate School of Arts and Sciences
of Georgetown University
in partial fulfillment of the requirements for the
degree of
Doctor of Philosophy
in Arabic
By
Rebecca Skreslet Hernandez, M.A.
Washington, DC
April 20, 2012

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Copyright 2012 by Rebecca Skreslet Hernandez
All Rights Reserved

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FRAMING THE JURIST:
THE LEGAL PERSONA OF JALAL AL-DIN AL-SUYUTI
Rebecca Skreslet Hernandez, M.A.
Thesis Advisor: Felicitas M. M. Opwis, Ph.D.
ABSTRACT
This research looks at attempts by the Egyptian polymath Jalāl al-Dīn al-Suyūṭī (d. 1505) to
frame his authority as a jurist in his legal writings. The research aims to access the multi-faceted
legal persona that the author constructs through his use of the written word. I suggest that al-
Suyūṭī seeks to assert his authority as a superior scholar at a time in which claims to practice
independent legal reasoning (ijtihād) were often met with hostility by members of the scholarly
community.
Each chapter is intended to analyze in detail a different aspect of al-Suyūṭī’s legal persona as
well as a different rhetorical strategy that the author uses to establish, defend, and maintain his
authority. The texts examined as case studies include: a legal opinion (fatwā) concerning
scholarly stipends funded by ‘public’ endowments, a fatwā condemning the study of logic,
independent treatises and sections of the author’s autobiography dealing with the concepts of
ijtihād and tajdīd (religious renewal), and a book on legal precepts (qawā‘id).
I assume that the author’s choice of form and genre is deliberate and that his use of language
speaks to his pragmatic goals. In order to claim the rank of mujtahid (jurist capable of
independent reasoning) and mujaddid (renewer of religion), al-Suyūṭī must speak and act as
such. To understand how al-Suyūṭī uses language to accomplish these goals, I incorporate into
my analysis theories and methodological tools from the realm of sociolinguistics, including

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framing techniques, interdiscursivity, communities of practice, critical discourse analysis, and
pragmatics. Sociolinguistic theories are a valuable means with which to understand not only
what the author wishes to convey but also how he says it and why he chooses to say it in the way
that he does.
Finally, this research allows me to evaluate, to some degree, the relative effectiveness of al-
Suyūṭī’s efforts to frame his persona as a jurist and to negotiate this identity in the world through
practice. I conclude that, while al-Suyūṭī’s framing effort may have failed to convince most of
his contemporaries, he is vindicated by the continuing legacy of his works.

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ACKNOWLEDGEMENTS
This research would not have been possible without the support of so many wonderful
colleagues, family, and friends. First, I would like to thank members of my committee who
generously devoted time to this project, including Felicitas Opwis, John Voll, and Reem
Bassiouney. Dr. Opwis exemplifies what a great advisor can be. She encouraged me when I
needed encouragement and challenged me when I needed to be challenged, all the while
managing to be both professional and caring. Whenever I need to place a figure or intellectual
trend within its historical context, I know that I can rely on the insights of Dr. Voll. I am truly
fortunate to have such an excellent group of mentors. Any errors in the text are, of course,
entirely my own.
In addition to my committee, other colleagues offered valuable insights and advice, including
Jonathan A.C. Brown. I was lucky enough to meet Elizabeth Sartain and to benefit from her
incredible knowledge of al-Suyūṭī’s work during the crucial first stages of the research. I would
also like to thank in particular Shaykh ‘Amr al-Wardānī of Egypt’s Dār al-Iftā’ who helped to
make al-Suyūṭī’s legacy come alive and who carved out many hours of his busy schedule to
discuss the texts with me. This work also continues the legacy of the outstanding academic
mentors who helped to guide my nascent scholarly career, especially Tamara Sonn, Barbara
Stowasser, and Michele Dunne.
This research benefited from a number of grants and research opportunities. I would like to
thank Georgetown University’s Graduate School of Arts and Sciences for their financial support