I - Les premiers Abbassides : la judicature sous pression

Tillier, Mathieu

doi:10.4000/books.ifpo.728

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“…Therefore, they hired teams of witnesses that their successors could take over when they assumed office, and Muslims henceforth made these witnesses the primary means for certifying their legal transactions. 69 The makeup of these administrative networks, which consisted of notary-witnesses, thus compensated for foreign qadis' deficiencies in regard to local connections. Social pressure on holders of judicial office did not disappear, however, but rather evolved.…”

Section: An Administrative Solution: Sending Foreign Qadismentioning

confidence: 99%

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Qadis and Their Social Networks: Defining the Judge’s Neutrality in Abbasid Iraq

Tillier

2017

JAS

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Early Abbasid qadis were appointed not only to dispense justice but also to manage properties. They needed, therefore, to know the business of their district’s population, and their integration into local society facilitated their understanding of social dynamics. However, their membership in local and tribal networks could threaten their judicial neutrality. How could the relations a qadi maintained with his social environment be reconciled with the imperatives of Islamic justice? This article proposes that two types of solutions were experimented with. On the administrative level, qadis designated from outside their judicial district reduced the influence of their family and tribal networks, which led them to rely on new networks, through professional witnesses in particular. At the same time, Islamic legal theory came to discuss a qadi’s ability to base his legal judgment on his personal knowledge of a case, which allowed defining a strict separation between a qadi’s social individuality and his judicial function.

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Section: An Administrative Solution: Sending Foreign Qadismentioning

confidence: 99%

“…In Iraq, for about a century, qadis remained recruited from local elites, which delayed the emergence of professional witnesses. 71 Therefore, it was necessary to find other solutions to reduce a qadi's vulnerability to social pressure. The main response to this issue was to be a legal one.…”

Section: An Administrative Solution: Sending Foreign Qadismentioning

confidence: 99%

Qadis and Their Social Networks: Defining the Judge’s Neutrality in Abbasid Iraq

Tillier

2017

JAS

Self Cite

View full text Add to dashboard Cite

show abstract

I - Les premiers Abbassides : la judicature sous pression

Cited by 1 publication

References 0 publications

Qadis and Their Social Networks: Defining the Judge’s Neutrality in Abbasid Iraq

Qadis and Their Social Networks: Defining the Judge’s Neutrality in Abbasid Iraq

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