The Judicial Functions of the SulṬān in Civil Cases According to the Mālikīs up to the Sixth/Twelfth Century

in Islamic Law and Society
Restricted Access
Get Access to Full Text
Rent on DeepDyve

Have an Access Token?



Enter your access token to activate and access content online.

Please login and go to your personal user account to enter your access token.



Help

Have Institutional Access?



Access content through your institution. Any other coaching guidance?



Connect

Abstract

In the earliest Mālikī texts, civil cases in which the SulṬān plays a role can be divided into four groups: (i) those in which the SulṬān plays an instrumental role to help in claiming a right that is substantively endorsed by the fiqh; (ii) those in which the SulṬān is called upon to adjudicate for a practical reason; (iii) those in which the SulṬān adopts a solution required by equity; and (iv) those which fall under the SulṬān's exclusive jurisdiction. Whereas the earliest Mālikīs held that the SulṬān's judgment can be reversed by the qādī only if it is manifestly corrupt, later Mālikīs introduced the notion of delegation of judicial power and the idea that a mujtahid, a qādī or a muftī has a general right to redress an erroneous judgment.

The Judicial Functions of the SulṬān in Civil Cases According to the Mālikīs up to the Sixth/Twelfth Century

in Islamic Law and Society

Sections

Information

Content Metrics

Content Metrics

All Time Past Year Past 30 Days
Abstract Views 13 13 6
Full Text Views 18 18 11
PDF Downloads 9 9 5
EPUB Downloads 0 0 0