The Jurisdictional Limits of Qāḍī Courts during the Umayyad Period

Autor:	Steven Judd
Rok vydání:	2015
Předmět:	Power (social and political) Politics Jurisdiction media_common.quotation_subject Law Political science General Earth and Planetary Sciences Inheritance Family law Period (music) General Environmental Science media_common
Zdroj:	Bulletin d’études orientales. :43-56
ISSN:	2077-4079 0253-1623
DOI:	10.4000/beo.3227
Popis:	This paper examines the function and jurisdiction of the qāḍī during the Umayyad period, focusing on the limits of the qāḍī’s power and on his relationship to other power holders in Umayyad society. Based on an examination of biographies of more than seventy Umayyad qāḍī‑s, this paper demonstrates that qāḍī‑s had unquestioned jurisdiction over marriage, divorce, inheritance, and other “family law”. Neither local elites nor political leaders were above the qāḍī in such cases. However, the qāḍī had no jurisdiction over cases involving rebels and heretics. Nor did they determine the division of spoils. These examples suggest that the jurisdictional limits of qāḍī courts were well-established during the Umayyad period.
Databáze:	OpenAIRE
Externí odkaz:	https://explore.openaire.eu/search/publication?articleId=doi_________::27638df0522f6da78cca13427d8dd706 https://doi.org/10.4000/beo.3227 Zobrazit plný text záznamu