Legal pluralism and the study of Shari'a courts

Islamic Law and Society

Volumn 15, Issue 1, 2008, Pages 112-141

  Shahar, Ido ^a  

^a HEBREW UNIVERSITY OF JERUSALEM   (Israel)

Author keywords

Forum shopping; Legal pluralism; Qadis; Shari'a couts

Indexed keywords

EID: 40149102828     PISSN: 09289380     EISSN: 15685195     Source Type: Journal    
DOI: 10.1163/156851908X287280     Document Type: Review

References (171)

1. See Gordon R. Woodman, "The Idea of Legal Pluralism," in Legal Pluralism in the Arab World, ed. Baudouin Dupret et al. (The Hague, London, Boston: Kluwer Law International, 1999), 3-20, at 3.
2. John Griffiths, "Legal Pluralism and the Social Working of Laws," in Legal Polycentricity: Consequences of Pluralism in Law, ed. H. Petersen and H. Zahle (Dartmouth: Aldershot, 1995), 201-34, at 201.
3. Brian Z. Tamanaha, "The Folly of the 'Social Scientific' Concept of Legal Pluralism," Journal of Law and Society, 20 (1993), 192-217, at 192.
4. See e.g. Ihsan Yilmaz, Muslim Laws, Politics and Society in Modern Nation States; Dynamic Legal Pluralisms in England, Turkey and Pakistan (London: Ashgate Publishing, 2005);
5. Prakash Shah, Legal Pluralism in Conflict: Coping with Cultural Diversity in Law (London: The Glass House, 2005).
6. See e.g. Legal Pluralism and the Colonial Legacy: Indigenous Experiences of Justice in Canada, Australia and New Zealand, ed. Kayleen M. Hazlehurst (Aldershot: Avebury, 1995);
7. Legal Pluralism in the Arab World.
8. See e.g. Laws of the Post-Colonial, ed. Eva Darian-Smith and Peter Fitzpatrick (Ann Arbor: University of Michigan Press, 1999);
9. Mobile People, Mobile Law: Expanding Legal Relations in a Contracting World, ed. Benda Beckmann et al. (London: Ashgate, 2005).
10. See e.g. Masaji Chiba, Legal Pluralism: Toward a General Theory through Japanese Legal Culture (Tokyo: Tokai University Press, 1989);
11. Boaventora De Sousa Santos, Toward a New Common Sense; Law, Science and Politics in the Paradigmatic Transition (New York: Routledge, 1995);
12. Tie Warwick, Legal Pluralism: Toward A Multicultural Conception of Law (Aldershot: Ashgate, 1999).
13. See e.g. Franz Von Benda-Beckmann, Property in Social Continuity: Continuity and Change in the Maintenance of Property Relationship through Time in Minangkabau (The Hague: M. Nijhoff, 1979) ;
14. Keebet Von Benda-Beckmann, The Broken Stairways to Consensus: Village Justice and State Courts in Minangkabau (Dordrecht and Cinnaminson: Foris Publications, 1984).
15. See e.g. Léon Buskens, "An Islamic Triangle: Changing Relationships between Shari'a, State law and Local Customs," ISIM Newsletter, 5 (2000), 7-8;
16. Lynn Welchman, "Islamic Law: Stuck with the State," in Religion, Law and Tradition: Comparative Studies in Religious Law, ed. Andrew Huxley (London: RoutledgeCurzon, 2002), 61-83.
17. Several articles in Legal Pluralism in the Arab World deal with the issue, in particular Sarah Ben-Nefissa, "The Haqq al-'Arab: Conflict Resolution and Distinctive Features of Legal Pluralism in Contemporary Egypt," ibid., 145-58;
18. Maurits S. Berger "The Shari'a and Legal Pluralism: The Example of Syria," ibid., 113-24;
19. Rudolph Peters, "Feuding Families in a Nineteenth Century Bahariyya Oasis," ibid., 135-44.
20. See also Kilian Balz, "Shari'a and Qanun in Egyptian Law: A Systems Theory Approach to Legal Pluralism," Yearbook of Islamic and Middle Eastern Law, 2 (1995), 37-53.
21. See also John R. Bowen, Islam, Law and Equality in Indonesia: An Anthropology of Public Reasoning (Cambridge: Cambridge University Press, 2003), 18-20;
22. Baudouin Dupret, "What is Plural in the Law? A Praxiological Answer," Egypte/Monde Arabe, 1 (2005), 159-83;
23. Iris Agmon, Family and Court; Legal Culture and Modernity in Late Ottoman Palestine (Syracuse, NY: Syracuse University Press, 2006), 74.
24. See Ron Shaham, "Forum Shopping in Muslim Societies," Hamizrah he-Hadash, 46 (2006), 55-78 (in Hebrew);
25. idem, "Shopping for Legal Forums: Christians and Family Law in Modern Egypt," in Dispensing Justice in Islam: Qadis and their Judgments; ed. Muhammad Khalid Masud, Rudolph Peters and David S. Powers (Leiden: Brill, 2006), 451-72;
26. Lutz Wiederhold, "Legal Doctrines in Conflict: The Relevance of Madhhab Boundaries to Legal Reasoning in the Light of an Unpublished Treatise on Taqlid and Ijtihad," Islamic Law and Society, 3 (1996), 234-304.
27. See e.g. Ihsan Yilmaz, "The challenge of post-modern legality and Muslim legal pluralism in England," Journal of Ethnic andMigration Studies, 28 (2002), 343-54;
28. idem, "Muslim Alternative Dispute Resolution and Neo-Ijtihad in England," Alternative: Turkish Journal of International Relations, 2 (2003) http://www.alternativesjournal.net/voIume2/numberl/yilmaz.htm];
29. idem, Muslim Laws; Michael King, "The Muslim identity in a secular world," in God's Law Versus State Law: The Construction of Islamic Identity in Western Europe, ed. idem (London: Grey Seal, 1995), 91-114;
30. Muhammad K. Masud, "Being Muslim in a non-Muslim polity: three alternate models," Journal of Muslim Minority Affairs, 10 (1989), 118-28.
31. See e.g. Lawrence Rosen, "Legal Pluralism and Cultural Unity in Morocco," in Legal Pluralism in the Arab World, 89-96;
32. Timur Kuran, "The Economic Ascent of the Middle East's Religious Minorities: The Role of Islamic Legal Pluralism," The Journal of Legal Studies, 33 (2004), 475-515.
33. The important and relatively well-studied issue of the interrelation between shari'a courts and local custom is beyond die scope of this article. On this issue, see Aharon Layish and Avshalom Shmueli, "Custom and Shari'a in the Bedouin Family According to Legal Documents from the Judean Desert," Bulletin of the School of Oriental and African Studies, 42 (1979), 29-43;
34. Aharon Layish, "Dar Adl: Symbiosis of Custom and Shari'a in a Tribal Society in Process of Sedentarization," Jerusalem Studies in Arabic and Islam 19 (1995), 198-213;
35. idem, "Shari'a and Tribal Custom in Libya: Was Tajdida Married to Two Husbands?", Archiv Orientalni 63 (1995), 488-503;
36. Buskens, "An Islamic Triangle." See also Işik Tamdogan's article in this issue.
37. See Joseph Schacht, An Introduction to Islamic Law (Oxford: The Clarendon Press, 1964), 1;
38. Noel J. Coulson, A History of Islamic Law (Edinburgh: Edinburgh University Press, 1964), 7;
39. Bernard Lewis, Islam and the West (Oxford: Oxford University Press, 1993), 44.
40. Emile Tyan, Histoire de l'organisation judiciare en pays d'islam (Leiden: Brill, 1960).
41. J. N. D. Anderson, Islamic Law in the Modern World (New York: New York University Press, 1959), 20.
42. Schacht, Introduction, 77.
43. J. N. D. Anderson, Law Reform in the Muslim World (London: The Athlone Press, 1976), 1-2.
44. See e.g. Linant Y. de Bellefonds, Traité de droit musulman comparé, 3 vols. (Paris et la Haye: Mouton & Co, 1965-73);
45. Robert Brunschvig, Etudes d'Islamologie, 2 vols. (Paris: Maisonneuve et Larose, 1976);
46. Norman Calder, Studies in Early Muslim Jurisprudence (Oxford: Clarendon Press, 1993);
47. th Centuries CE (Leiden: Brill, 1997);
48. Ya'akov Meron, Muslim Law in Comparative Perspective (Jerusalem: The Magnes Press, 2001, in Hebrew).
49. On legal forum shopping, see Keebet Von Benda-Beckmann, "Forum Shopping and Shopping Forums-Dispute Settlement in a Minangkabau Village in West Sumatra," Journal of Legal Pluralism, 19 (1981), 117-53.
50. With the exception of Wiederhold, "Legal Doctrines in Conflict."
51. A discussion of Sunni-Shi'i relationships is beyond the scope of this article.
52. See Tamanaha, "The Folly of the 'Social Scientific' Concept."
53. John Griffiths, "What is Legal Pluralism?", Journal of Legal Pluralism and Unofficial Law, 24 (1986), 1-55, esp. 1;
54. Woodman, "The Idea of Legal Pluralism," 4.
55. Griffiths, "What is Legal Pluralism?", 3.
56. Sally F. Moore, Social Facts and Fabrications: Customary Law on Kilimanjaro, 1880-1980 (Cambridge: Cambridge University Press, 1986), 15.
57. Brian Z. Tamanaha, "A Non-Essentialist Version of Legal Pluralism," Journal of Law and Society, 27 (2000), 296-321, at 298.
58. Griffiths, "What is Legal Pluralism?", 4.
59. Ibid., 14, 39.
60. Woodman, "The Idea of Legal Pluralism," 3.
61. th century. By the 1960s it became clear that the search for an answer, "like the quest for the holy grail, has not borne much fruit" (Laura Nader, "The Anthropological Study of Law," American Anthropologist, 67 (1965), 3-32, at 5). Tired of futile attempts to provide a definition of law on the abstract level, legal anthropologists shifted their focus to a more empirical and operational question, namely, "how is the law best conceived of for research purposes?"
62. (ibid., 6).
63. The contemporary debate over legal pluralism also replicates the debate on the definition of law in the sense that it proceeds in much the same direction as the previous debate did fifty years earlier-eventually to perish quietly without an agreed-upon conception of legal pluralism, but with a tacit agreement to continue with meaningful and constructive empirical research. Such research may be based on implicit (and sometimes explicit) definitions of law, which do not precisely delineate its boundaries, but which are sufficient for operational needs. See also Gordon R. Woodman, "Ideological Combat and Social Observation: Recent Debates about Legal Pluralism," Journal of Legal Pluralism, 42 (1998), 21-59.
64. Griffiths, "What is Legal Pluralism?", 3.
65. Ibid., 14.
66. Ibid., 38.
67. Griffiths' concept of "social field" draws on Sally Falk Moore's theory of "semi-autonomous social fields." Moore defines a semi-autonomous social field as a social group which has "rule-making capacities and the means to induce and coerce compliance; but it is simultaneously set in a larger social matrix which can, and does, affect and invade it, sometimes at the invitation of persons inside it, sometimes at its own instance" (Sally F. Moore, "Law and Social Change: The Semi-Autonomous Social Field as an Appropriate Objector Study," Law and Society Review, 7 [1973], 719-46, at 724).
68. Mark Galanter, "Justice in Many Rooms: Courts, Private Ordering and Indigenous Law," Journal of 'Legal Pluralism, 19 (1981), 1-47.
69. Moore, "Law and Social Change".
70. See Griffiths, "What is Legal Pluralism?", 29-39.
71. Griffiths criticizes several early writers on legal pluralism, including Gilissen, Vanderlinden and Hooker for failing to distinguish between a descriptive, social-scientific point of view, and a normative, juristic one. As a result, he argues, they mistake cases of legal diversity for cases of legal pluralism. See ibid.
72. Ann Griffiths, "Legal Pluralism," in Introduction to Law and Social Theory, ed. Raza Banakar and Max Travers (Oxford: Hart Publications, 2002), 289-310, at 303.
73. Sally Engle Merry, "Legal Pluralism," Law and Society Review, 22 (1988), 869-96, at 872.
74. Tamanaha, "The Folly of the Social Scientific," 203-5.
75. For a similar argument, see Baudouin Dupret, "Legal Pluralism, Normative Plurality and the Arab World," in Legal Pluralism in the Arab World, 29-40;
76. see also Woodman, "The Idea of Legal Pluralism," 10.
77. Tamanaha, "The Social Scientific Folly," 206. The expression "concrete patterns of social ordering" is borrowed from Mark Galanter, "Justice in Many Rooms," 17.
78. Ibid., 201.
79. Warnings against too broad a conceptualization of law, which results in a conflation of the legal order with social and cultural orders, may be found in Boaventura De Sousa Santos, "Law: A Map of Misreading. Toward a Post-Modem Conception of Law," Journal of Law and Society, 14 (1987), 3, 279-302, at 279;
80. Gunther Teubner, "The Two Faces of Janus: Rethinking Legal Pluralism," Cardozo Law Review, 13 (1992), 1443-62, at 1444;
81. Carol Greenhouse, "Legal Pluralism and Cultural Difference," Journal of Legal Pluralism, 42 (1998), 61-72, at 64-5;
82. Sally Falk Moore, "Certainties Undone: Fifty Turbulent Yearsof Legal Anthropology, 1949-1999," The Journal of the Royal Anthropological Institute, 7 (2001), 95-116, at 106.
83. Woodman, "Ideological Combat," 45.
84. Jacque Vanderlinden, "Return to Legal Pluralism: Twenty Years Later," Journal of Legal Pluralism, 28 (1989), 149-57;
85. idem, "Vers une nouvelle conception du pluralisme juridique," Review de la Recherche juridique-droit prospectif, 53 (1993), 573-83.
86. thed), 590.
87. See Amnon Cohen, Jewish Life Under Islam: Jerusalem in the Sixteenth Century (Cambridge, MA: Harvard University Press, 1984);
88. Amnon Cohen et al., Jews in the Muslim Religious Court: Society, Economy and Communal Organization in the Sixteenth Century. Documents from Ottoman Jerusalem (Jerusalem: Yad Izhak Ben-Zvi, 1996-2003).
89. Timur Kuran regards the ability to manipulate the legal system as the decisive factorwhich enabled Jews and Christians to become efficient economic entrepreneurs. See Kuran, "The Economic Ascent."
90. I shall show below that Muslims in Ottoman Jerusalem also enjoyed legal pluralism in the strong sense.
91. For an illuminating discussion of a relational perspective, see Mustafa Emirbayer, "Manifest for a Relational Sociology," The American Journal of Sociology, 103 (1997), 281-317.
92. For a similar argument, see Merry, "Legal Pluralism," 889-91.
93. Woodman, "Social Combat," 50-2.
94. EP, s.v. Maz̧ãlim (Jorgen S. Nielsen).
95. Schacht, Introduction, 51.
96. nd ed., n.d.), 83-4.
97. Mawardi, Al-Ahkam al-Sultaniyya, 575-6, quoted in Uriel Heyd, Studies in Old Ottoman Criminal Law (Oxford: The Clarendon Press, 1973), 209.
98. For a list of jurists who wrote about the mazalim courts, see Nielsen, "Maz̧ãlim."
99. Quoted in Islam: Introduction to the History of the Religion, ed. Nehemia Levtzion, Daphna Ephrat and DanielaTalmon-Heller (Tel Aviv: The Open University Press, 1998), vol. 2, 53 (in Hebrew).
100. Ibid. It is not surprising that qadis chose to conduct such a reform by means of procedural change. While their ability to introduce changes into legal doctrine and substantive law was severely restricted (such changes were usually viewed as bid a-heretic innovations), they had much more freedom with regard to procedural changes.
101. The phenomena of tribunals that compete with other tribunals over litigants or "customers" is well known in the literature on legal pluralism. See, for example, Benda-Beckmann, "Forum Shopping"; Ido Shahar, "Practicing Islamic Law in a Legal-Pluralistic Environment: The Changing Face of a Muslim Court in Present Day Jerusalem" (Ph.D. Dissertation, Ben Gurion University, Beer Sheva, 2006), esp. chapters 5 and 6.
102. Taqi al-Din al-Maqrizi, Kitab al-Mawdiz wa'l-Ttibar bi-Dhikr al-Khutat wa'l-Athar (Baghdad, n.d.), vol. 2, 219-20.
103. It is odd that Maqrizi does not explain the high respect that the lower ranks seem to pay to the hajibs. If the hajibs were in fact corrupt law enforcers, why would the masses support them and prefer them over the qadisi
104. Carter V. Findley, Bureaucratic Reforms in the Ottoman Empire; The Sublime Porte 1879-1922 (Princeton: Princeton University Press, 1980).
105. E.g. the regional or "local councils," which were administrative tribunals, established in the late 1830s; the commercial courts, established in the 1840s; the mixed courts (penal courts that were established in order to adjudicate disputes between parties of different nationalities-but eventually extended their jurisdiction to cases in which all parties were Ottoman subjects); and the nizami courts, established in 1879, which included three hierarchical levels: first instance courts, courts of appeals, and cassation courts.
106. See Roderic H. Davison, Reform in the Ottoman Empire, 1856-1876 (Princeton: Princeton University Press, 1963);
107. EF, s.v. Mahkama, ii. 'The Reform Era (ca. 1789-1922),' (Halil Inalcik and Carter V. Findley).
108. A new penal law and a new property law were promulgated in 1858; a new code of commercial law was promulgated in 1860; the Majalla, the new civil code, was promulgated in 1876. The field of personal status was the last to be codified-the "Law of Family Rights" was promulgated in 1917. See Findley, Bureaucratic Reforms.
109. Agmon, Family and Court, 48, 126.
110. Ibid., 74.
111. Ibid.
112. Findley, Bureaucratic Reforms, eh. 5.
113. See e.g. EP, s.v. Fiqh (Joseph Schacht), at 890.
114. See note 19 above.
115. See e.g. Tyan, Histoire, 138-42;
116. Joseph H. Escovitz, "The Establishment of Four Chief Judgeships in Mamluk Empire," Journal of the American Oriental Society, 102 (1982), 529-31 ;
117. Jorgen S. Nielsen, "Sultan al-Zahir Baybars and the Appointment of Four Chief Qadis, 663/1265," Studia Islamica, 60 (1984), 167-76.
118. See Sherman Jackson, "The Primacy of Domestic Policy: Ibn Bint Al-A'azz and the Establishment of Four Chief Judgeships in Mamluk Egypt," Journal ofthe American Oriental Society, 115 (1995), 52-64;
119. idem, Islamic Lawand theState (Leiden, New York, Cologne: Brill, 1996), 52-4.
120. Yossef Rapoport, "Legal Diversity in the Age of Taqlid: The Four Chief Qadis under the Mamluks," Islamic Law and Society 10 (2003), 210-22, at 213.
121. See Jackson, Islamic Law and the State, 152-9.
122. Muhammad Fadel, "The Social Logic of Taqlid and the Rise of the Mukhtosar," Islamic Law and Society, 3 (1996), 193-233.
123. Rapoport, "Legal Diversity in the Age of Taqlid," 214.
124. Shafi'i doctrine does not permit stipulations, while Hanbali doctrine does.
125. Shafi'i doctrine forbids such actions, while Hanafi doctrine allows them.
126. Only Maliki doctrine permits the use of written documents, and only the Malikis require the qadi to impose capital punishment in every case of proven heresy, regardless of subsequent repentance. All these examples are mentioned in Rapoport, "Legal Diversity in the Age of Taqlid" 218-21.
127. Again, it seems that the more creative element in Islamic law is found at the procedural, rather than the substantive level. See note 62 above.
128. In his study of the qadi al-qudat in Bahri-Mamluk Cairo, Escovitz mentions a case in which a man who had been sentenced to death for blasphemy by the Maliki qadi escapedexecution by being declared insane by the Shafi'i qadi (at the request of his friends). See Joseph H. Escovitz, The Office of Qadi al-Qudat in Cairo under Bahri Mamluks (Berlin: K. Schwartz, 1983), 139.
129. See Rapoport, "Legal Diversity in the Age of Taqlid" 223-5.
130. Due to space limitations only a small number of examples are mentioned below. For additional examples see Abraham Marcus, The Middle East on the Eve of Modernity: Aleppo in the Eighteenth Century (New York: Columbia University Press, 1989), 103-112;
131. Nelly Hanna, "The Administration of Courts in Ottoman Cairo," in The State and its Servants: Administration in Egypt from Ottoman Times to the Present, ed. Nelly Hanna (Cairo: American University in Cairo Press, 1995), 44-59;
132. Boǧaç A. Ergene, Local court, provincial society, and justice in the Ottoman Empire: legal practice and dispute resolution in Çankm and Kastamonu (1652-1744) (Leiden: Brill, 2003), 70-88, 200-1.
133. See also the sources mentioned in Shaham, "Forum Shopping in Muslim Societies."
134. Since the Hanbali jurists consider ransom divorce as a dissolution (faskh), rather than a repudiation (talaq), the couple gained the right to separate and remarry more than three consecutive times. See Rapoport, "Legal Diversity in the Age of Taqlid" 222-3.
135. Cohen et al., Jews in the Muslim Religious Court, 403-4, 408-9.
136. Ibn Hajar al-Haytami, al-Fatwa al-Kubra, vol. 2, part 4, 314, quoted in Wiederhold, "Legal Doctrines in Conflict," 253, n. 110.
137. Haim Gerber, Islamic Law and Culture, 1600-1840 (Leiden, Boston, Cologne: Brill), 70;
138. see also Wiederhold, "Legal Doctrines in Conflict," 256.
139. Judith E. Tucker, In the House of the Law: Gender and Islamic Law in Ottoman Syria and Palestine (Berkeley, Los Angeles, London: University of California Press), 82-5.
140. th Centuries, ed. Thomas Philip (Stuttgart: Franz Steiner Verlag), 11-26, at 17.
141. Bombay High Court case, Muhammad Ibrahim v. Ghulam Ahmed, 1864.
142. th century received the sobriquet "hanfash" because he belonged successively to three different schools-Hanbali, Hanafi and then Shafi'i. See Ignaz Goldziher, Introduction to Islamic Theology and Law, trans. Andras and Ruth Hamori (Princeton: Princeton University Press, 1981), 48-9. Nevertheless, as Coulson notes, "the jurists maintained that such a change of school must rest on the bone fide belief that the doctrine of the alternative school was intrinsically sounder, and could not be grounded on personal convenience."
143. Coulson, Conflicts and Tensions, 34;
144. see also Wiederhold, "Legal Doctrines in Conflict," 256-8;
145. Shaham, "Forum Shopping in Muslim Societies."
146. Norman Anderson, Islamic Law in Africa (London: Frank Cass, 1970).
147. On the Ibadiyya school, see EP, s.v. Ibadiyya (T. Lewicki).
148. Anderson, Islamic Law in Africa, 73.
149. Goldziher, Introduction to Islamic Law and Theology, 47-8.
150. See e.g. Schacht, Introduction, 67;
151. Levtzion et al., Islam, vol. 2, 40;
152. Coulson, History of Islamic Law, 102.
153. Jackson, "The Primacy of Domestic Policy," 52-4.
154. Rapoport, "Legal Diversity in the Age of Taqlid" 227.
155. Michael Winter, "Intet-madhhab Competition in Mamluk Damascus: al-Tarsusi's Counsel for the Turkish Sultans," Jerusalem Studies in Arabic and Islam, 25 (2001), 195-211, at 195.
156. Ibn Khaldun, al-Tdrif, 256, quoted in Wiederhold, "Legal Doctrines in Conflict," 250, n. 94.
157. 2, s.v. Mabkama, ii. "The Ottoman Empire,' (Halil Inalcik).
158. See Masters, "Ottoman Policies towards Syria," 14.
159. Gerber, Islamic Law and Culture, 68-9.
160. Brunschvig, Etudes d'Islamologie, vol. 1, 221-8.
161. Rapoport, "Legal Diversity in the Age of Taqlid" 226.
162. For a theoretical conceptualization that emphasizes the enabling features of "structure," see Anthony Giddens, The Constitution of Society: Outline of a Theory of Structuration (Berkeley: University of California Press, 1986).
163. See e.g. Wael B. Hallaq, "Model Shurut Works and the Dialectic of Doctrine and Practice," Islamic Law and Society, 2 (1995), 415-36;
164. Fadel, "The Social Logic of Taqlid";
165. Rapoport, "Legal Diversity in the Age of Taqlid"; The Madhhab in Islamic Law, ed. Peri Bearman, Rudolph Peters and Frank H. Vogel (Cambridge MA.: Harvard University Press, 2005).
166. See e.g. Gerber, State, Society and Law in Islam; Jackson, Islamic Law and the State; Miriam Hoexter, "Qadi, Mufti and Ruler: Their Roles in the Development of Islamic Law," in Law, Custom and Statute in the Muslim World; Studies in Honor of Aharon Layish, ed. Ron Shaham (Leiden: Brill, 2007), 67-85.
167. See Hoexter, "Qadi, Mufti and Ruler";
168. Iris Agmon, "Recording Procedure and Legal Culture in the Late Ottoman Shari'a Court of Jaffa, 1865-1890," Islamic Law and Society, 11 (2004), 333-77;
169. idem, Family and Court, Shahar, "Practicing Islamic Law"; Dispensing Justice in Islam, ed. Muhammad Khalid Masud, Rudolph Peters and David S. Powers (Leiden: Brill, 2005).
170. See e.g. Wael B. Hallaq, "Qadis Communicating: Legal Change and the Law of Documentary Evidence," Al-Qantara, 20 (1999), 437-65;
171. Agmon, Family and Court, 147.