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Courts were the most important frameworks for the production, performance, and evaluation of literature in medieval Islamic civilization. Patrons vying for prestige attracted to their courts literary people who sought their financial support. The most successful courts assembled outstanding literary people from across the region. The court of the vizier and literary person al-Sahib Ibn ʿAbbad (326-385/938-995) in western Iran is one of the most remarkable examples of a medieval Islamic court, with a sophisticated literary activity in Arabic (and, to a lesser extent, in Persian). Literature and the Islamic Court examines the literary activity at the court of al-Sahib and sheds light on its functional logic. It is an inquiry into the nature of a great medieval court, where various genres of poetry and prose were produced, performed, and evaluated regularly. Major aspects examined in the book are the patterns of patronage, selection, and auditioning; the cultural codes and norms governing performance, production, and criticism; the interaction between the patron and courtiers and among the courtiers themselves; competition; genres as productive molds; the hegemonic literary taste; and the courtly habitus. This book reveals the significance these courts held as institutions that were at the heart of literary production in Arabic. Using primary medieval Arabic sources, this book offers a comprehensive analysis of Islamic courts and as such is of key interest to students and scholars of Arabic literature, Islamic history and medieval studies.
Courts were the most important frameworks for the production, performance, and evaluation of literature in medieval Islamic civilization. Patrons vying for prestige attracted to their courts literary people who sought their financial support. The most successful courts assembled outstanding literary people from across the region. The court of the vizier and literary person al-Sahib Ibn ʿAbbad (326-385/938-995) in western Iran is one of the most remarkable examples of a medieval Islamic court, with a sophisticated literary activity in Arabic (and, to a lesser extent, in Persian). Literature and the Islamic Court examines the literary activity at the court of al-Sahib and sheds light on its functional logic. It is an inquiry into the nature of a great medieval court, where various genres of poetry and prose were produced, performed, and evaluated regularly. Major aspects examined in the book are the patterns of patronage, selection, and auditioning; the cultural codes and norms governing performance, production, and criticism; the interaction between the patron and courtiers and among the courtiers themselves; competition; genres as productive molds; the hegemonic literary taste; and the courtly habitus. This book reveals the significance these courts held as institutions that were at the heart of literary production in Arabic. Using primary medieval Arabic sources, this book offers a comprehensive analysis of Islamic courts and as such is of key interest to students and scholars of Arabic literature, Islamic history and medieval studies.
Justice and Leadership in Early Islamic Courts explores the administration of justice during Islam's founding period, 632-1250 CE. Inspired by the scholarship of Roy Parviz Mottahedeh, ten scholars of Islamic law draw on diverse sources including historical chronicles, biographical dictionaries, exegetical works, and mirrors for princes.
Stiles utilizes in-depth ethnographic study of judicial reasoning and litigant activity in Islamic family court in Zanzibar, Tanzania to draw new and important conclusions on how people understand and use Islamic legal ideas in marital disputes.
Dispensing Justice is designed to serve as a sourcebook of Islamic judicial practice and qadi judgments from the rise of Islam to modern times, drawing upon court records and qadi court records, in addition to literary sources. The volume fills a large gap in Islamic legal history. "Dispensing Justice" is designed to serve as a source book of Islamic judicial practice from the rise of Islam to modern times, drawing upon legal documents, qadi court records, archival marerials and literary souces. The volume fills a large ap in our understanding of Islamic legal history. (modified by Powers).
Islam’s tense relationship with modernity is one of the most crucial issues of our time. Within Islamic legal systems, with their traditional preference for eyewitness testimony, this struggle has played a significant role in attitudes toward expert witnesses. Utilizing a uniquely comparative approach, Ron Shaham here examines the evolution of the role of such witnesses in a number of Arab countries from the premodern period to the present. Shaham begins with a history of expert testimony in medieval Islamic culture, analyzing the different roles played by male experts, especially physicians and architects, and females, particularly midwives. From there, he focuses on the case of Egypt, tracing the country’s reform of its traditional legal system along European lines beginning in the late nineteenth century. Returning to a broader perspective, Shaham draws on a variety of legal and historical sources to place the phenomenon of expert testimony in cultural context. A truly comprehensive resource, The Expert Witness in Islamic Courts will be sought out by a broad spectrum of scholars working in history, religion, gender studies, and law.
"Harmonizing Similarities" is a study of the legal distinctions (al-furūq al-fiqhiyya) literature and its role in the development of the Islamic legal heritage. This book reconsiders how the public performance of Islamic law helped shape legal literature. It identifies the origins of this tradition in contemporaneous lexicographic and medical literature, both of which demonstrated the productive potential of drawing distinctions. Elias G. Saba demonstrates the implications of the legal furūq and how changes to this genre reflect shifts in the social consumption of Islamic legal knowledge. The interest in legal distinctions grew out of the performance of knowledge in formalized legal disputations. From here, legal distinctions incorporated elements of play through its interactions with the genre of legal riddles. As play, books of legal distinctions were supplements to performance in literary salons, study circles, and court performances; these books also served as mimetic objects, allowing the reader to participate in a session virtually. Saba underscores how social and intellectual practices helped shape the literary development of Islamic law and that literary elaboration became a main driver of dynamism in Islamic law. This monograph has been awarded the annual BRAIS – De Gruyter Prize in the Study of Islam and the Muslim World.
Courts and the complex phenomenon of the courtly society have received intensified interest in academic research over recent decades, however, the field of Islamic court culture has so far been overlooked. This book provides a comparative perspective on the history of courtly culture in Muslim societies from the earliest times to the nineteenth century, and presents an extensive collection of images of courtly life and architecture within the Muslim realm. The thematic methodology employed by the contributors underlines their interdisciplinary and comprehensive approach to issues of politics and patronage from across the Islamic world stretching from Cordoba to India. Themes range from the religious legitimacy of Muslim rulers, terminologies for court culture in Oriental languages, Muslim concepts of space for royal representation, accessibility of rulers, the role of royal patronage for Muslim scholars and artists to the growing influence of European courts as role models from the eighteenth century onwards. Discussing specific terminologies for courts in Oriental languages and explaining them to the non specialist, chapters describe the specific features of Muslim courts and point towards future research areas. As such, it fills this important gap in the existing literature in the areas of Islamic history, religion, and Islam in particular.
The dissolution of the Ottoman Empire, through the British mandate and the establishment of the state of Israel, created a reality in which no Muslim legislator existed in the country. Thus, the chief judge—Qadi al Qudat, due to the dire need for reforms in the Sharia' family law and in order to minimize the intervention of the non-Muslim—Israeli legislator in the divine family law, took it upon himself to initiate the reforms. As such, this experience is considered the world-wide pioneerand unique in its scope. The reforms were done in accordance with the Islamic rules of renewal and are derived from the Islamic jurisprudence—sharia' itself. This process was done in two tracks: first, decisions of the High Court of Appeals would be followed by the lower courts as binding precedents. Second, the president of the High Sharia' court issued judicial decrees guidelines to the lower courts, driven by the Maslaha - the public interest - in various matters of Islamic law such as promoting women status, children's rights and the preservation of Islamic sites and cemeteries sanctity.
By examining the intersection of Islamic law, state law, religion, and culture in the Egyptian nation-building process, Recasting Islamic Law highlights how the sharia, when attached to constitutional commitments, is reshaped into modern Islamic state law. Rachel M. Scott analyzes the complex effects of constitutional commitments to the sharia in the wake of the Egyptian Revolution of 2011. She argues that the sharia is not dismantled by the modern state when it is applied as modern Islamic state law, but rather recast in its service. In showing the particular forms that the sharia takes when it is applied as modern Islamic state law, Scott pushes back against assumptions that introductions of the sharia into modern state law result in either the revival of medieval Islam or in its complete transformation. Scott engages with premodern law and with the Ottoman legal legacy on topics concerning Egypt's Coptic community, women's rights, personal status law, and the relationship between religious scholars and the Supreme Constitutional Court. Recasting Islamic Law considers modern Islamic state law's discontinuities and its continuities with premodern sharia. Thanks to generous funding from Virginia Tech and its participation in TOME (Toward an Open Monograph Ecosystem), the ebook editions of this book are available as Open Access volumes from Cornell Open (cornellpress.cornell.edu/cornell-open) and other repositories.