Dispensing justice in Islam : Qadis and their judgements / edited by Muhammad Khalid Masud, Rudolph Peters, and David Powers. [print]

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