ʿUdūl in the Practice of Islamic Law: Notarial Ledgers from 19th-Century Tunisia
This article analyzes ‘udūl ledgers from southern Tunisia in the late 19th-century to answer two questions: how useful are they as a source for historical study, and what can they tell us about the role of ‘udūl in the daily practice of Islamic law? On the first question, I suggest the ledgers are l...
| Main Author: | |
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| Format: | Electronic Article |
| Language: | English |
| Check availability: | HBZ Gateway |
| Interlibrary Loan: | Interlibrary Loan for the Fachinformationsdienste (Specialized Information Services in Germany) |
| Published: |
2026
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| In: |
Islamic law and society
Year: 2026, Volume: 33, Issue: 1/2, Pages: 58-99 |
| Further subjects: | B
land sales
B Loans B Ottoman Tunisia B Islamic law in practice B Contracts B Notaries |
| Online Access: |
Volltext (lizenzpflichtig) Volltext (lizenzpflichtig) |
| Summary: | This article analyzes ‘udūl ledgers from southern Tunisia in the late 19th-century to answer two questions: how useful are they as a source for historical study, and what can they tell us about the role of ‘udūl in the daily practice of Islamic law? On the first question, I suggest the ledgers are likely a reliable source of history and constitute an untapped archive for an understudied region. I also offer a guide to deciphering their difficult pages. On the second question, I suggest that the function of ‘udūl in the practice of Islamic law was more significant than previously recognized. Far from being mere judges’ assistants, notaries were independent legal practitioners who served broad segments of society with their scribal skills, provided a stable foundation for the enforceability of contracts and the establishment of facts, and likely intervened in the agreements they recorded, educating the parties on the relevant law and helping to resolve disputes. |
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| ISSN: | 1568-5195 |
| Contains: | Enthalten in: Islamic law and society
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| Persistent identifiers: | DOI: 10.1163/15685195-bja10076 |
