A New Look at the Agency of Qāḍīs
Israeli Sharīʿa Courts as a Case Study
Bibliographic Data
| ID | 3893075 |
|---|---|
| Authors | Ido Shahar (0000-0001-7944-6133, University of Haifa, corresponding author) |
| Year | 2019 |
| Volume | 59 |
| Issue | 1 |
| Pages | 70-98 |
| Publication date | 2019-02-27 |
| Open Access | No |
| Type | ARTICLE |
| Venue | Die Welt des Islams (JOURNAL) |
| Journal identifiers | ISSN: 0043-2539 • E-ISSN: 1570-0607 |
| Publisher | Walter de Gruyter GmbH (PUBLISHER • DE) |
| DOI | 10.1163/15700607-00591p04 |
| OpenAlex | W2922242914 |
| Language | EN |
| Citations received | 5 |
In the literature on Islamic law, qāḍīs are usually depicted as lower-level jurists, who are marginalized by other actors in the Sharīʿa field (such as muftīs, author-jurists and legislators) and therefore have no significant impact on the development of Islamic law. The article calls for a reevaluation of this assessment, arguing that modern qāḍīs actually possess far-reaching agency for transforming Islamic law. A case study of the Sharīʿa courts in Israel serves as illustration for the argument. It is shown that qāḍīs in Israel employ a broad range of judicial and extra-judicial mechanisms for the purpose of introducing innovations into applied Islamic law in their courts. In particular, the article dwells on judicial tools for reforms such as procedural reforms, innovations in evidence rules, and several types of material reforms (takhayyur, hybridization of Islamic and non-Islamic principles, and the continuous operationalization of Islamic concepts
Agency (philosophy) · Argument (complex analysis) · Epistemology · Islam · Law and economics · Operationalization · Political science · Sharia · Social science · Sociology · Islamic Studies and History · Jewish and Middle Eastern Studies · Law · Philosophy
| Citations per year | 0.83 |
|---|---|
| Citation span | 2020 - 2024 (5) |
| Highly cited | No |