An Islamic Court in Context: An Ethnographic Study of - download pdf or read online

By Erin E. Stiles

ISBN-10: 0230617409

ISBN-13: 9780230617407

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This perceptive ethnographic learn deals perception into the workings of the modern Islamic felony procedure. in accordance with fieldwork in Zanzibar, Stiles sheds gentle on how humans comprehend and use Islamic felony principles in marital disputes and at the judicial reasoning and litigant task in Islamic relations court docket. offering unique interpretations, this e-book exhibits that Islamic judges (kadhis), clerks, and litigants cause utilizing not just their understandings of Islamic legislation but additionally their perspectives of actual and perfect marital habit, neighborhood authority, and the court’s position in the neighborhood. Stiles’ account presents a compelling and far-reaching contribution to socio-legal scholarship.

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Additional info for An Islamic Court in Context: An Ethnographic Study of Judicial Reasoning

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Makunduchi 2. Kariakoo 3. Mwera 4. Chwaka 5. Mfenesini 6. Mkokotoni Pemba’s Primary Kadhi Courts 1. Konde 2. Wete 3. Mkoani South Zanzibar Town Central Central East North B North A Central North South Today, the codified laws relevant in Zanzibar include British and Indian laws, which are considered applicable until replaced by local law. In addition to imported law, the constitution establishes that different types of local laws are also authoritative. These include those Sultanic decrees from the past that were countersigned by the British Resident, decrees of the revolutionary council, customary law, union legislation, and Islamic law.

1057/9780230103115 - An Islamic Court in Context, Erin E. 3%) Note: N = 76. if a woman sues for divorce from a husband based on his alleged failings in the marriage, but the kadhi rules that she should “buy” her divorce because of her own failings, is this a clear-cut win? Or, consider this: if a woman sues for divorce, and the kadhi rules that the couple must attempt reconciliation but notes that any failure to reconcile will result in divorce, is that a clear loss? After some deliberation and at the suggestion of an anonymous reviewer, I decided that an outcomes table would be helpful.

For one, most plaintiffs were female, and as a woman it was easier for me to talk to women than men about marital problems. ) Also, in court, Shaykh Hamid and the clerks made a point of directing women litigants to me so we could talk after they had opened a case. They did not make a point of asking men to talk to me, but also did not discourage it, and I managed to conduct some in-court interviews with male plaintiffs. Furthermore, plaintiffs had a grievance they were usually willing to talk about, or else they would not be opening a case in the public space of the court.

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An Islamic Court in Context: An Ethnographic Study of Judicial Reasoning by Erin E. Stiles

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