The Function of Documents in Islamic Court Procedure: a Multi-Dimensional Approach
In: Islamic Law and SocietySearch for other papers by Norbert Oberauer in
Current site
Google Scholar
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.
Purchase
Buy instant access (PDF download and unlimited online access):
Institutional Login
Log in with Open Athens, Shibboleth, or your institutional credentials
Personal login
Log in with your brill.com account
| All Time | Past 365 days | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 1105 | 232 | 46 |
| Full Text Views | 87 | 14 | 2 |
| PDF Views & Downloads | 238 | 33 | 4 |
The Function of Documents in Islamic Court Procedure: a Multi-Dimensional Approach
In: Islamic Law and SocietySearch for other papers by Norbert Oberauer in
Current site
Google Scholar
PubMed
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.
| All Time | Past 365 days | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 1105 | 232 | 46 |
| Full Text Views | 87 | 14 | 2 |
| PDF Views & Downloads | 238 | 33 | 4 |