LEGAL PRACTICE IN AN ANDALUSĪ-MAGHRIBĪ SOURCE FROM THE TWELFTH CENTURY CE: THE MADHĀHIB AL-HUKKĀM FĪ NAWĀZIL AL-AHKĀM

LEGAL PRACTICE IN AN ANDALUSĪ-MAGHRIBĪ SOURCE FROM THE TWELFTH CENTURY CE: THE MADHĀHIB... © Brill, Leiden, 2000 Islamic Law and Society 7,2 LEGAL PRACTICE IN AN ANDALUSÁ-MAGHRIBÁ SOURCE FROM THE TWELFTH CENTURY CE: THE MADH¤HIB AL-¼UKK¤M FÁ NAW¤ZIL AL-A¼K¤M DELFINA SERRANO * (Freiburg University) Abstract In this article I examine a series of texts selected from the Madh¨hib al-½ukk¨m f naw¨zil al-a½k¨m , a collection of legal cases ( naw¨zil ) compiled by Abâ ®Abd All¨h Mu½ammad b. ®Iy¨´ of Ceuta (d. 575/1179). These cases refer to actual legal disputes that occurred in Ceuta and other towns and villages of al-Andalus and the Maghrib. The examples studied here compensate for the lack of court records for the study of legal practice in al-Andalus and the Far Maghrib until the second half of the twelfth century CE. They shed light on relevant facets of legal practice such as the composition of the courts, court performance, the outcome of court activity in the form of fatwas and judgments, court practice ( ®amal ), the jurisdiction of q¨´Âs, the process of judicial review, the use of law by jurists and laymen, and certain aspects of the relationship between M¨likÂs and non-M¨likÂs in al-Andalus. B ECAUSE FEW IF ANY COURT RECORDS HAVE SURVIVED from the http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Islamic Law and Society Brill

LEGAL PRACTICE IN AN ANDALUSĪ-MAGHRIBĪ SOURCE FROM THE TWELFTH CENTURY CE: THE MADHĀHIB AL-HUKKĀM FĪ NAWĀZIL AL-AHKĀM

Islamic Law and Society, Volume 7 (2): 187 – Jan 1, 2000

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Publisher
Brill
Copyright
© 2000 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0928-9380
eISSN
1568-5195
D.O.I.
10.1163/156851900507625
Publisher site
See Article on Publisher Site

Abstract

© Brill, Leiden, 2000 Islamic Law and Society 7,2 LEGAL PRACTICE IN AN ANDALUSÁ-MAGHRIBÁ SOURCE FROM THE TWELFTH CENTURY CE: THE MADH¤HIB AL-¼UKK¤M FÁ NAW¤ZIL AL-A¼K¤M DELFINA SERRANO * (Freiburg University) Abstract In this article I examine a series of texts selected from the Madh¨hib al-½ukk¨m f naw¨zil al-a½k¨m , a collection of legal cases ( naw¨zil ) compiled by Abâ ®Abd All¨h Mu½ammad b. ®Iy¨´ of Ceuta (d. 575/1179). These cases refer to actual legal disputes that occurred in Ceuta and other towns and villages of al-Andalus and the Maghrib. The examples studied here compensate for the lack of court records for the study of legal practice in al-Andalus and the Far Maghrib until the second half of the twelfth century CE. They shed light on relevant facets of legal practice such as the composition of the courts, court performance, the outcome of court activity in the form of fatwas and judgments, court practice ( ®amal ), the jurisdiction of q¨´Âs, the process of judicial review, the use of law by jurists and laymen, and certain aspects of the relationship between M¨likÂs and non-M¨likÂs in al-Andalus. B ECAUSE FEW IF ANY COURT RECORDS HAVE SURVIVED from the

Journal

Islamic Law and SocietyBrill

Published: Jan 1, 2000

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