Dispensing Justice in Islam: Qadis And Their JudgementsMuḥammad K̲ālid Masud, Rudolph Peters, David Stephan Powers "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 |
Other editions - View all
Dispensing Justice in Islam: Qadis and Their Judgements Muhammad Khalid Masud,Rudolph Peters,David Stephan Powers No preview available - 2006 |
Dispensing Justice in Islam: Qadis and Their Judgements Muhammad Khalid Masud,Rudolph Peters,David Stephan Powers No preview available - 2012 |
Common terms and phrases
A˙mad Abù according accused Aintab al-Andalus al-qà∂ì Aleppo appear appointed Arabic arbiters asked authority caliph century claim claimant coffee contract court records criminal dàr decision defendant dhimmis dispute document dower Efendi Egyptian endowment established Evidence Act fact father fatwà fiqh governor Hamida Begum Hanafi Hanbali harm hukm Hüsameddin husband ibid Ibn Rushd Islamic law issued Istanbul Iyà judge judgment judicial divorce judicial practice jurisdiction jurists kadhi kadi of Sofia kaza Layish lease legal doctrine litigants madhhab maintenance Maliki marriage matà ment mentioned Mu˙ammad muftì Muḥammad Muslim Muslim law non-Muslim norms oath obligation opinion Ottoman parties period personal status plaintiff procedure province punishment qà∂ì qāḍī qadis Qur'ān Qur"àn repealed rules Rumili Sayyid sexual Shafi'i Shaham shari'a Shari'a Court shariah Shaykh Haji Shuray Sofia sources status law sultan testified testimony tion Umayyad valid Wakì waqf wife witnesses woman