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Read e-book online An Islamic Court in Context: An Ethnographic Study of PDF

By Erin E. Stiles

ISBN-10: 0230617409

ISBN-13: 9780230617407

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This perceptive ethnographic research deals perception into the workings of the modern Islamic felony method. in accordance with fieldwork in Zanzibar, Stiles sheds mild on how humans comprehend and use Islamic criminal principles in marital disputes and at the judicial reasoning and litigant task in Islamic family members court docket. providing precise interpretations, this ebook indicates 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 function locally. Stiles’ account offers a compelling and far-reaching contribution to socio-legal scholarship.

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Extra resources for An Islamic Court in Context: An Ethnographic Study of Judicial Reasoning

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Some scholars propose that the continued dominance and the favored status of Zanzibari Arabs by the British was the major cause of the Zanzibar revolution (Lofchie 1965). However, others argue that this ethnic conf lict model is a simplistic explanation for a more complex phenomenon; Abdul Sheriff, for one, argues that ideologies of race and ethnicity “were allowed to take precedence,” and thus masked the more substantial underlying class conf licts (1991). Decree No. 1 of 1964 had maintained the British and Indian laws and the court system that had been established during the protectorate.

Some scholars suggest that a form of customary law was prominent in these regions at the time, and John Middleton and Jane Campbell write that, consequently, “the original diversity of customary law was greatly modified with the rigid application of the shari’a since Sultan Seyyid Barghash sent kadhis into the Shirazi areas” (1965: 19). Pouwels notes that Barghash implemented a program through which he had much more control over the kadhis in outlying areas, “he established a more formal judiciary system in Zanzibar which defined more clearly demarcated areas of jurisdiction under his many court qadis and ulama and put them all on the state payroll” (1981: 333).

Clearly, the courts lacked funding for new furnishings and updated equipment. As a thank you gift to the staff, I eventually ordered simple bookcases from a local furniture maker to shelve the case files, which were previously stacked on the f loor. Shaykh Hamid was in his early sixties when I met him for the first time, although he looked much younger. He was slim, with a delicately boyish, clean-shaven face. Like most kadhis on workdays, he wore a sparkling white kanzu (f loor length shirt) over a kikoi (men’s wrap skirt), a tweed sport-jacket, rubber thongs, and an embroidered cap called a kofia.

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

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