The Function of Documents in Islamic Court Procedure: a Multi-Dimensional Approach

Abstract The present study investigates the role of written documents in Islamic court procedure, and especially the evidential status of such documents. For this purpose, I analyze different kinds of sources that vary in their proximity to practice. In addition to furūʿ-literature, I draw on shurūṭ...

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Bibliographic Details
Published in:Islamic law and society
Main Author: Oberauer, Norbert 1968- (Author)
Format: Electronic Article
Language:English
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Published: Brill 2021
In: Islamic law and society
Further subjects:B documentary evidence
B qāḍī courts
B Islamic law of procedure
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Summary:Abstract The present study investigates the role of written documents in Islamic court procedure, and especially the evidential status of such documents. For this purpose, I analyze different kinds of sources that vary in their proximity to practice. In addition to furūʿ-literature, I draw on shurūṭ manuals, fatwās and court records from 16th-century Jerusalem. This approach allows for a multi-dimensional reconstruction of the legal discourse on written documents. I argue that this discourse operated on several levels, some of which are virtually invisible if these sources are studied in isolation. By contrast, a holistic perspective reveals a subtle interaction between these discursive levels that reduced the tension between legal doctrine and practical concerns.
ISSN:1568-5195
Contains:Enthalten in: Islamic law and society
Persistent identifiers:DOI: 10.1163/15685195-bja10007