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Author: Rudolph Peters

himself belongs to that madhhab. According to them, sentences pronounced by qadis according to the doctrine of another madhhab are invalid, since they cannot but be motivated by false and arbitrary personal views ( hawā bāṭil ). Later Hanafi jurists asserted that a qadi who is a muqallid may only

In: Shariʿa, Justice and Legal Order
Author: Rudolph Peters

by way of taʿzir . 58 3 Imprisonment In 1855 a certain Muḥammad ʿAlī was arrested on a charge of theft. In his home goods were impounded that he was accused of having stolen. The victim, Muḥammad Rifʿat Efendi, living in the Cairo Bāb al-Khalq quarter, accused him of having stolen

In: Shariʿa, Justice and Legal Order
Author: Rudolph Peters

1 Introduction Religions, traditionally, make sharp distinction between believers and others. This distinction is not only a theological one, referring for instance to salvation after death, but also affects life in this world, by assigning to non-believers a social and, sometimes

In: Shariʿa, Justice and Legal Order
Author: Rudolph Peters

), like the Gülşeni and the Mevlevi tekke , and over the tombs of saints. The tekkes that have been constructed for a crowd of dervishes, like the Gülşeni, the Mevlevi, the Bektaşi and similar tekkes must be abolished, the dervishes living there must be ejected, their places be taken over by

In: Shariʿa, Justice and Legal Order
Author: Rudolph Peters

detention. Transportation to Sudan was introduced as a punishment in the early 1840s. We do not have any details of prison life there, but the distance from home and the working conditions must have made life very hard for the inmates. The introduction of transportation was motivated by two factors. First

In: Shariʿa, Justice and Legal Order

the merchant was a mustā’min who died in the Ottoman Empire; the fact that he was not a dhimmī but a foreigner enjoying a lower legal status may have motivated the suspension of the istiḥsān procedure. 68 Be that as it may, the episode is telling in that it reveals the constraints Ottoman rulers

Open Access
In: Breaching the Bronze Wall: Franks at Mamluk and Ottoman Courts and Markets

certifiers of truth, and did so on a local, neighborhood basis. Mamluk chronicles depict the ʿudūl’s activities as embedded in the daily life of markets, mosques and neighborhoods. Particularly in Syria, mentions of the ʿudūl and their workplaces (maḥallāt, marākiz, often located near the city gates) give

Open Access
In: Breaching the Bronze Wall: Franks at Mamluk and Ottoman Courts and Markets

parties could claim some ‘oriental,’ Greek or Syrian, status; however, apart from constituting a privative legal forum for Syrians, it was not competent on commercial litigation. 48 The disappearance of the Fonde has been attributed to the fact that there were no Muslims living on the Island. Indeed

Open Access
In: Breaching the Bronze Wall: Franks at Mamluk and Ottoman Courts and Markets

), which suggests that they understood “ ʿilm ” in the restricted sense of “living knowledge”. 80 The same standard applies to professional and court witnesses: a person cannot testify to a circumstance that he does not remember, even if he recognizes his handwriting on the record of his testimony. 81

In: Islamic Law and Society
Author: Nesrine Badawi

-Ẓawāhirī responds that such a claim is based on fictitious circumstances since the apostate governments are the ones that grant the pledge of protection: “The tourist coming to a tourism company or a hotel does not imagine that this entity is the one that would protect his life and property. Rather, he is certain

In: Islamic Jurisprudence on the Regulation of Armed Conflict