A New Look at the Agency of Qāḍīs: Israeli Sharīʿa Courts as a Case Study
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 reevalua...
| Main Author: | |
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| Format: | Electronic Article |
| Language: | English |
| Check availability: | HBZ Gateway |
| Journals Online & Print: | Drawer...
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| Fernleihe: | Fernleihe für die Fachinformationsdienste |
| Published: |
[2019]
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| In: |
Die Welt des Islams
Year: 2019, Volume: 59, Issue: 1, Pages: 70-98 |
| Standardized Subjects / Keyword chains: | B
Israel
/ Islamic law
/ Judge
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| IxTheo Classification: | AD Sociology of religion; religious policy BJ Islam KBL Near East and North Africa XA Law |
| Further subjects: | B
Agency
B Reforms B Islamic Law B Israel B Sharīʿa courts B qāḍīs B Palestine |
| Online Access: |
Volltext (Resolving-System) Volltext (doi) |
| Summary: | 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). |
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| ISSN: | 1570-0607 |
| Contains: | Enthalten in: Die Welt des Islams
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| Persistent identifiers: | DOI: 10.1163/15700607-00591P04 |