- The Oxford Handbook of Islamic Law
- Editors’ Introduction
- Notes on the Contributors
- Islamic Legal Studies: A Critical Historiography
- On Reading Fiqh
- Islamic Law and Gender
- Islamic Law and Theology
- Anthropology and Islamic Law
- Falsafa and Law
- Ijtihad
- Imami Shi‘I Legal Theory: From its Origins to the Early Twentieth Century
- Custom in the Islamic Legal Tradition
- The Historiography of Sunni Usul al-Fiqh
- Ijma‘
- al-Qadi
- Hisba and Muhtasib
- The Mazalim in Historiography
- Origins of and Influences on Islamic law
- The Classical Period: Scripture, Origins, and Early Development
- The Age of Development and Continuity, 12th–15th Centuries CE
- The Historiography of Islamic Law During the Mamluk Sultanate
- Law in the Ottoman Empire
- A Historiography of Islamic Law in the Mughal Empire
- Delivering Justice: The Monarch’s ‘Urfi Courts and the Shari‘a in Safavid Iran
- Anglo-Muhammadan Law
- Legislation as an Instrument of Islamic Law
- Islamic Law and Society in Southeast Asia
- Islamic Law in Post-revolutionary Iran
- The Turkish Republic
- Islamic Law in South Asia: A Testament to Diversity
- The Incorporation of Shari‘a in North America: Enforcing the Mahr to Combat Women’s Poverty Post-relationship Dissolution
- Islamic Law in Western Europe
- Shari‘a in Australia
- Islamic Law and Constitutions
- Islamic Law and Human Rights
- Islamic Law and Finance
- Animals
- A Historiography of Islamic Family Law
- Index
Abstract and Keywords
The paradigmatic public institution associated with the application of Islamic law from the rise of Islam until the end of the nineteenth century has been the qadi. This essay examines the scholarship on this institution, organizing studies into doctrinal works and empirical works. Doctrinal studies of the qadi are based almost entirely on literary sources, most commonly legal texts. Historical sources have also been important, especially for the pre-Ottoman period. Empirical studies of the qadi, by contrast, base themselves almost entirely on surviving court records. Thus, most empirical studies are limited to courts of the Ottoman Empire which kept systematic records of court decisions in contrast to the courts of previous Muslim states, which did not. In the modern period, there has been a distinct rise in an anthropological approach to the qadi, with numerous studies having been published based on direct observation of the behavior of Muslim judges.
Keywords: qadi, Islamic law, Islam, adjudication, judiciary, ʿAbbasid Caliphate, Buyids, Arab Middle East, nizami courts, state courts
Mohammad Fadel is Associate Professor at the University of Toronto and Canada Research Chair for the Law and Economics of Islamic Law.
Access to the complete content on Oxford Handbooks Online requires a subscription or purchase. Public users are able to search the site and view the abstracts and keywords for each book and chapter without a subscription.
Please subscribe or login to access full text content.
If you have purchased a print title that contains an access token, please see the token for information about how to register your code.
For questions on access or troubleshooting, please check our FAQs, and if you can''t find the answer there, please contact us.
- The Oxford Handbook of Islamic Law
- Editors’ Introduction
- Notes on the Contributors
- Islamic Legal Studies: A Critical Historiography
- On Reading Fiqh
- Islamic Law and Gender
- Islamic Law and Theology
- Anthropology and Islamic Law
- Falsafa and Law
- Ijtihad
- Imami Shi‘I Legal Theory: From its Origins to the Early Twentieth Century
- Custom in the Islamic Legal Tradition
- The Historiography of Sunni Usul al-Fiqh
- Ijma‘
- al-Qadi
- Hisba and Muhtasib
- The Mazalim in Historiography
- Origins of and Influences on Islamic law
- The Classical Period: Scripture, Origins, and Early Development
- The Age of Development and Continuity, 12th–15th Centuries CE
- The Historiography of Islamic Law During the Mamluk Sultanate
- Law in the Ottoman Empire
- A Historiography of Islamic Law in the Mughal Empire
- Delivering Justice: The Monarch’s ‘Urfi Courts and the Shari‘a in Safavid Iran
- Anglo-Muhammadan Law
- Legislation as an Instrument of Islamic Law
- Islamic Law and Society in Southeast Asia
- Islamic Law in Post-revolutionary Iran
- The Turkish Republic
- Islamic Law in South Asia: A Testament to Diversity
- The Incorporation of Shari‘a in North America: Enforcing the Mahr to Combat Women’s Poverty Post-relationship Dissolution
- Islamic Law in Western Europe
- Shari‘a in Australia
- Islamic Law and Constitutions
- Islamic Law and Human Rights
- Islamic Law and Finance
- Animals
- A Historiography of Islamic Family Law
- Index