Dispensing justice in Islam : Qadis and their judgements /

Dispensing justice in Islam : Qadis and their judgements / [print] edited by Muhammad Khalid Masud, Rudolph Peters, and David Powers. - first pbk. edition. - Leiden ; Boston : Brill, (c)2012. - xiv, 591 pages ; 24 cm. - [Studies in Islamic law and society, 22. 1384-1130 ; .



Preface -- Qadis and their courts : an historical survey Part I. Judging. Settling litigation without judgment : the importance of a Hukm in Qadi cases of Mamluk Jerusalem A new judge for Aintab : the shifting legal environment of a sixteenth-century Ottoman Court Broken edda and marital mistakes : two recent disputes form an Islamic court in Zanzibar Fairness and law in an Indonesian curt The practice of judging : the Egyptian judiciary at work in a personal status case The constitution and the principles of Islamic normativity against the rules of Fiqh . A judgment of the Supreme Constitutional Court of Egypt Commercial litigation in a Sharia Court The re-Islamization of criminal law in Northern Nigeria and the judiciary : The Safiyyatu Hussaini Case Part II. Organizing law. Law in the marketplace : Istanbul, 1730-1840 On judicial hierarchy in the Ottoman Empire : the case of Sofia from the seventeenth to the beginning of the eighteenth century Islam Judicial Council and their sociopolitical contexts : a trans-Saharan comparison Part III. Applying doctrines. Ill-treated women seeking divorce : the Qur'anic two arbiters and judicial practice among the Malikis in al-Andalus and North Africa The award of Mata in the early Muslim courts Four cases relating to women and divorce in al-Andalus and the Maghrib, 1100-1500 The application of Islamic law in the Ottoman courts in Damascus : the case of the rental of Waqf land The Waqf in court : lawsuits over religious endowments in Ottoman Aleppo Shopping for legal forums : Christians and family law in modern Egypt Part Iv. Recording procedures and evidence. Twelve court cases on the application of penal law under the Almoravids Shahadat Naql in the judicial practice in Modern Libya Pakistan's evidence order ("Qanun-i-Shahadat"), 1984 : General Zia's anti-Islamization Coup Muhammad Khalid Masud, Rudolph Peters, David S. Powers -- Christian Muller -- Leslie Peirce -- Erin Stiles -- John R. Bowen -- Baudouin Dupret -- Baber Johansen -- Brinkley Messick -- Rudolph Peters -- Engin Deniz Akarli -- Rossitsa Gradeva -- Allan Christelow -- Maribel Fierro -- Muhammad Khalid Masud -- David S. Powers -- Abdul-Karim Rafeq -- Stefan Knost -- Ron Shaham -- Defina Serrano -- Aharon Layish -- Lucy Carroll.

Dispensing Justice is designed to serve as a source book of Islamic legal practice and qadi court records from the rise of Islam to modern times, drawing upon court records and qadi judgments, in addition to literary sources. In the first chapter, we survey the state of the field, sketching the history, structure, and modern transformation of the qadiship. The twenty chapters that follow are grouped thematically in four sections: (1) the nature and functions of the judgeship and its development over time; (2) the structure of the judicial apparatus; (3) the application of juristic thought ... read more and reasoning to specific cases in selected areas of the law; and (4) judicial procedure and the different forms of evidence. The volume fills a large gap in Islamic legal history.



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Judges (Islamic law)

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