The Function of Documents in Islamic Court Procedure: A Multi-Dimensional Approach

Oberauer, Norbert

Forschungsartikel (Zeitschrift)

Zusammenfassung

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 shurūt ̣ manuals, fatwas 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.

Details zur Publikation

Veröffentlichungsjahr: 2021