SIGNS AS EVIDENCE: THE DOCTRINE OF IBN TAYMIYYA (1263-1328) AND IBN QAYYIM AL-JAWZIYYA (D. 1351) ON PROOF

in Islamic Law and Society
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Abstract

The fiqh doctrine on evidence, proof and procedure underwent important changes during the Mamluk period. By rationalizing the concept of proof and evidence, authors such as Ibn Taymiyya, Ibn Qayyim al-Jawziyya and Ibn Farhūn gave a new impetus to the doctrine of siyāsa shar'iyya and defined the court procedure in such a way as to legalize judicial torture. Whether this development was in any way linked to the legal development that brought about the same results in Europe during the thirteenth and fourteenth centuries remains an open question.

SIGNS AS EVIDENCE: THE DOCTRINE OF IBN TAYMIYYA (1263-1328) AND IBN QAYYIM AL-JAWZIYYA (D. 1351) ON PROOF

in Islamic Law and Society

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