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/lp/brill/the-evolution-of-third-party-mediation-in-shar-a-courts-in-19th-and-Fbu0DuSxY0
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- Publisher
- Brill
- Copyright
- © Koninklijke Brill NV, Leiden, The Netherlands
- ISSN
- 0022-4995
- eISSN
- 1568-5209
- DOI
- 10.1163/156852011X587416
- Publisher site
- See Article on Publisher Site
Abstract
<jats:sec><jats:title><jats:bold>Abstract</jats:bold></jats:title><jats:p>While in the Ottoman Empire reconciling disputing parties in<jats:italic>sharīʿa</jats:italic>courts occurred without the direct involvement of state officials, in modern Central Asia functionaries appointed by the ruler’s chancellery acted as mediators and mediation procedures were consistent with the state’s intervention in the resolution of a conflict. This ended with Russian colonization. Conflict resolution was left to the<jats:italic>sharīʿa</jats:italic>courts; mediation continued to be important but state appointees were no longer officially involved in bringing it about. The Russian colonial and Soviet administrations made the community responsible for seeking amicable settlements. Only afterwards did they realize how easy this made it for local groups to circumvent the state’s supervision.</jats:p></jats:sec>
Journal
Journal of the Economic and Social History of the Orient – Brill
Published: Jan 1, 2011
Keywords: Sharīʿa courts; court attendants; āqsaqāls; mediation; notables; peaceful settlement