The Function of Documents in Islamic Court Procedure
A Multi-Dimensional Approach
Bibliographic Data
| ID | 12192594 |
|---|---|
| Authors | Norbert Oberauer (Professor of Islamic Law, Institute of Arabic and Islamic Studies, University of Münster, Münster, Germany, [email protected], corresponding author) |
| Year | 2021 |
| Volume | 28 |
| Issue | 3 |
| Pages | 156-233 |
| Publication date | 2021-05-11 |
| 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 | 10.1163/15685195-bja10007 |
| OpenAlex | W3162524576 |
| Language | EN |
| Citations received | 2 |
The present study investigates the role of written documents in Islamic court procedure, and especially the evidential status of such documents. For this purpose, I analyze different kinds of sources that vary in their proximity to practice. In addition to furūʿ -literature, I draw on shurūṭ manuals, fatwā s and court records from 16th-century Jerusalem. This approach allows for a multi-dimensional reconstruction of the legal discourse on written documents. I argue that this discourse operated on several levels, some of which are virtually invisible if these sources are studied in isolation. By contrast, a holistic perspective reveals a subtle interaction between these discursive levels that reduced the tension between legal doctrine and practical concerns
Contrast (vision · Doctrine · Epistemology · Function (biology · Islam · Isolation (microbiology · Legal doctrine · Linguistics · Perspective (graphical · Political science · Sociology · Theology · Archaeology and Historical Studies · Computer Science · Families in Therapy and Culture · Islamic Studies and History · Law · Philosophy · Artificial Intelligence
| Citations per year | 0.5 |
|---|---|
| Citation span | 2022 - 2025 (4) |
| Highly cited | No |