Kadijustiz or Qadī-Justice? a Paternity Dispute From Fourteenth-Century Morocco
Bibliographic Data
| ID | 12192591 |
|---|---|
| Authors | David S Powers (1Cornell University, corresponding author) |
| Year | 1994 |
| Volume | 1 |
| Issue | 3 |
| Pages | 332-366 |
| Publication date | 1994-01-01 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | Islamic Law and Society (JOURNAL) |
| Journal identifiers | ISSN: 0928-9380 • E-ISSN: 1568-5195 |
| Publisher | Brill (PUBLISHER • NL) |
| DOI | 10.1163/156851994x00101 |
| OpenAlex | W2072685352 |
| Language | EN |
| Citations received | 9 |
Sometime after the year 1312-13 a paternity dispute was brought before a qādī serving in an undetermined location in the northern part of the Western Maghrib. The claimant asserted that he was the son of a local notable, whereas the latter's legally recognized children asserted that he was the child of a slave-girl who belonged to the notable's daughter. Before issuing his judicial decision, the qādī wrote a detailed letter to a distinguished Fāsī mufti in which he presented a summary transcription of the testimonial evidence and asked the mufti to issue a fatwā corroborating his handling of the case. In the following essay, I seek to shed light on the operation of qādī-justice under the Mārinids in the fourteenth-century by studying the qādī ̧s familiarity with legal doctrine, his ability to manipulate legal discourse, and the "art" of his judicial narrative
Art · Daughter · Doctrine · Economic Justice · Girl · Literature · Narrative · Plaintiff · Political science · Sociology · Testimonial · African Studies and Geopolitics · History · Islamic Studies and History · Law · Multiculturalism, Politics, Migration, Gender · Psychology
| Unique citing works | 9 |
|---|---|
| Citations per year | 0,35 |
| Citation span | 2000 - 2018 (19) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 8 |