The Jurisdictional Limits of Qāḍī Courts during the Umayyad Period
Abstract: This paper examines the function and jurisdiction of the qāḍī during the Umayyad period, focusing on the limits of the qāḍī’s power and on his relationship to other power holders in Umayyad society. Based on an examination of biographies of more than seventy Umayyad qāḍī‑s, this paper demo...
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| Veröffentlicht in: | URI:https://journals.openedition.org/beo, |
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| Format: | Article ou chapitre numérique |
| Sprache: | Anglais |
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Bulletin d’études orientales
2016
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| Online Zugang: | Accès Université d'Orléans et IFPM Accès Université d'Orléans et IFPM |
| Zusammenfassung: | Abstract: This paper examines the function and jurisdiction of the qāḍī during the Umayyad period, focusing on the limits of the qāḍī’s power and on his relationship to other power holders in Umayyad society. Based on an examination of biographies of more than seventy Umayyad qāḍī‑s, this paper demonstrates that qāḍī‑s had unquestioned jurisdiction over marriage, divorce, inheritance, and other “family law”. Neither local elites nor political leaders were above the qāḍī in such cases. However, the qāḍī had no jurisdiction over cases involving rebels and heretics. Nor did they determine the division of spoils. These examples suggest that the jurisdictional limits of qāḍī courts were well-established during the Umayyad period. |
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