Dispensing Justice in Islam: Qadis And Their Judgements

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Muḥammad K̲ālid Masud, Rudolph Peters, David Stephan Powers
BRILL, 2006 - Religion - 591 pages
"Dispensing Justice" is designed to serve as a sourcebook 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 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.
 

Contents

An Historical
1
PART I
34
Chapter Five Fairness and Law in an Indonesian Court
117
The Egyptian
143
Chapter Seven The Constitution and the Principles
169
Chapter Eight Commercial Litigation in a Sharìa Court
195
Chapter Nine The ReIslamization of Criminal Law
219
Istanbul
245
Chapter Fourteen The Award of Matà in
349
Chapter Fifteen Four Cases Relating to Women
383
Chapter Sixteen The Application of Islamic Law in
411
Lawsuits over
427
Chapter Nineteen Twelve Court Cases on the Application
473
Chapter Twenty Shahàdat Naql in the Judicial Practice
495
Chapter TwentyOne Pakistans Evidence Order
517
References
543

Chapter Eleven On Judicial Hierarchy in the Ottoman
271
Chapter Twelve Islamic Judicial Councils and their
299
PART III
318

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About the author (2006)

Muhammad Khalid Masud, Ph.D. in Islamic Studies, McGill University, formerly Academic Director, ISIM, Leiden is Chairman, Council of Islamic Ideology, Pakistan. He has published extensively on Islamic law and social change. His recent publications include Shatibi's Philosophy of Islamic Law(1996), the co-edited work Islamic Legal Interpretations(1996), and the edited volume Travelers in Faith (Brill 2000).David S. Powers, Ph.D., Islamic History, Princeton (1979). Professor of Arabic and Islamic Studies at Cornell University since 1979; editor of the journal Islamic Law and Society (Brill); author of Studies in Qur'an and Hadith: The Formation of the Islamic Law of Inheritance(University of California Press, 1986); and Law, Society and Culture in the Maghrib, 1300-1500(Cambridge); co-editor of Islamic Legal Interpretation: Muftis and the Fatwas (Harvard, 1996). He has published articles in Arabica, Studia Islamica, Journal of the American Oriental Society, Journal of Near Eastern Studies, Comparative Studies in Society and History, Continuity and Change, Law and Society Review.Rudolph Peters, Ph.D., Islamic Studies, University of Amsterdam (1979). Professor of Islamic Studies at University of Amsterdam; co-editor of the series Studies in Islamic Law and Society (Brill); author of Islam and Colonialism: The doctrine of jihad in modern history(Mouton/Walter de Gruyter, 1979), Jihad in classial and modern Islam(Princeton, Wiener, 1996), Crime and punishment in Islamic law (Cambridge University Press, 2005). He has published articles in Islamic Law and Society, Die Welt des Islams,International Journal of Middle Eastern Studies, Mediterranean Studies and Annales Islamologiques.

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