Les cadis d'Iraq et l'État Abbasside (132/750-334/945)

Tillier, Mathieu

doi:10.4000/books.ifpo.673

Cited by 33 publications

(6 citation statements)

References 0 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…31 Unfortunately, historical sources provide little information on the functioning of police courts, perhaps in part because police officers, who were regarded as violent soldiers, were usually unpopular in the scholarly circles that produced our texts. 32 Because of this lack of consideration, adab literature offered a smaller place to police officers who conducted daily investigations than it did to the qadis. Should one recognize here the origins of the marginal nature of police investigation in contemporary literature?…”

Section: Resultsmentioning

confidence: 99%

Judicial Investigations in Classical Islam

Tillier¹

2021

Le Récit Criminel Arabe / Arabic Crime Fiction

Self Cite

View full text Add to dashboard Cite

This paper starts from the observation that judicial investigations have long played a marginal role in Arabic literature. As a historian, and not a literature specialist, I question the institutional background of such marginalization. It appears that, although some judges practiced investigations in the early days of Islam, Muslim jurists abandoned this practice towards the end of the Umayyad period because of its potential arbitrariness. The qadi's justice system transferred the entire investigation process on the reliability of witnesses. Only secular judicial institutions (police, maẓālim) continued to seek the truth beyond appearances. However, the poor reputation of police officers also led to their literary marginalization.

show abstract

Section: Resultsmentioning

confidence: 99%

Judicial Investigations in Classical Islam

Tillier¹

2021

Le Récit Criminel Arabe / Arabic Crime Fiction

Self Cite

View full text Add to dashboard Cite

show abstract

“…As a matter of fact, the sense of "fulfilment" 43 carried by the root q.ḍ.y. finds a particular meaning when talking about debts: qaḍā daynan means "he settled a debt, paid off a debt," 44 an expression attested in documents from the first/seventh century. Thus, the receipt that we are reediting here (1), which dates from the decade of the 20s/640s, if not from the year 20 itself, begins with hādhā mā qaḍā ("here is what he paid"), as does the unedited document P. Louvre Inv.…”

Section: Qaḍāʾ = Reimbursement?mentioning

confidence: 99%

Recording debts in Sufyānid Fusṭāṭ: a reexamination of the procedures and calendar in use in the first/seventh century 1

Tillier¹,

Vanthieghem²

2019

Geneses

Self Cite

View full text Add to dashboard Cite

The phrase s.n.t. qaḍāʾ al-muʾminīn, used in several seventh-century Arabic papyri, has been subject to varying interpretations for several years. Yūsuf Rāġib considers it as an "era (sanat) of the believers' jurisdiction," while Jelle Bruning interprets it as a "legal sunna." This chapter uses new papyrological data to reexamine these competing explanations. This expression appears so far only in documents relating to debts, some of which were subject to institutional registration in Fusṭāṭ. The new documents we are editing here, as well as minor paleographic evidence, suggest that the reading sanat qaḍāʾ al-muʾminīn initially proposed by Rāġib is the most convincing, and that it refers to a calendar. Among several hypotheses, we argue that the term qaḍāʾ should be understood as a "decree" and refers to the sovereignty of the "believers," semantically associated with God's decree. This specification might have been particularly important for acknowledgment of debts in order to comply with the Qurʾanic injunction (2:282) to record the debts in writing by precisely defining their deadline. We hypothesize that this was a name of the official imperial calendar, which originally may not have referred to the Muḥammad's exodus to Medina, but rather to the affirmation of his sovereignty following the treaty of al-Ḥudaybiyya.

show abstract

“…their social extraction, the habilitation of professional witnesses), judicial corruption -the latter revealing a social sub-system with distinct values 2 -and the chief qadi's court as a singular space at odds with ordinary courts revealing the political workings of judgeship. 3 Recent scholarship has also demonstrated that factors like arbitrariness and irrationality are no longer valid to explain qadis' adjudicative performances. Concerned researchers can work now with a better awareness of the risks of "essentializing" qadiship, e.g.…”

Section: State Of the Artmentioning

confidence: 99%

Routledge Handbook of Islamic Law

Fadl¹,

Ahmad²,

Hassan³

2019

View full text Add to dashboard Cite

Qadis and muftis play an essential role in realizing the duty to ensure justice in this world and salvation in the next through interpreting, adapting and implementing the mandates of Islamic sacred law (Shariʿa) for the community of believers and in its name. Both functions converge in the Shariʿa court as long as consulting with a mufti before issuing judgment is either recommended or mandatory, or to the extent that the litigants address a mufti at their own initiative in the hope that a legal opinion concerning their case will shift the balance in their favor. A significant part of their activities was also dedicated to providing dispute resolution advice alternative to litigation in court. The legal and religious symbolisms inherent to both roles bring about the possibility to exert a high degree of social and political influence. Their power and authority were also enhanced by the performance of extra-legal, sometimes even informal, tasks. DefinitionsA qadi is a judge on whom the ruler delegates the task to impart justice according to the principles of the Shariʿa. A mufti is a religious scholar (ʿālim) who issues non-binding advisory and explanatory opinions (fatwa) at the request of others sometimes in connection with litigation, sometimes not, on matters covered by the Shariʿa which at times trespass the limits of fiqh to touch theology, mysticism, ethics, proper conduct, etc… Qadis are distinct from other officials enjoying adjudicative competences. Their singularity with respect to governmental judges relies in the obligation to judge according to the Shariʿa which, given the strict evidentiary rules established by the latter, limits qadis' capacities to take the corresponding course of action

show abstract

Les cadis d'Iraq et l'État Abbasside (132/750-334/945)

Cited by 33 publications

References 0 publications

Judicial Investigations in Classical Islam

Judicial Investigations in Classical Islam

Recording debts in Sufyānid Fusṭāṭ: a reexamination of the procedures and calendar in use in the first/seventh century 1

Routledge Handbook of Islamic Law

Contact Info

Product

Resources

About