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Download An Islamic Court in Context: An Ethnographic Study of by Erin E. Stiles PDF

By Erin E. Stiles

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This perceptive ethnographic examine bargains perception into the workings of the modern Islamic felony process. in line 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 job in Islamic kinfolk court docket. proposing specific interpretations, this publication exhibits that Islamic judges (kadhis), clerks, and litigants cause utilizing not just their understandings of Islamic legislations but additionally their perspectives of actual and perfect marital habit, neighborhood authority, and the court’s position locally. Stiles’ account offers a compelling and far-reaching contribution to socio-legal scholarship.

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

Sample text

A decree of 1899 established rules for procedure in the courts, which required the hearing and recording of the testimony of witnesses, and required kadhis to give reasons for decisions; a 1904 regulation required cases to be heard in the district in which they arose. A 1908 decree gave British judges more authority in the Sultan’s courts and gradually moved toward an assimilation of the two jurisdictions (Vaughan 1935, Stockreiter 2008). 1057/9780230103115 - An Islamic Court in Context, Erin E.

13 As it shows, the women “won” about 44 percent of cases they opened that ended with a ruling, and lost about 14 percent; 28 percent were settled by an agreement between husband and wife. In about six of these “wins,” the kadhi ruled in favor of the female plaintiff because the husband never appeared in court. 1057/9780230103115 - An Islamic Court in Context, Erin E. 5 Outcomes in the Mkokotoni Court, January 1, 1999–July 15, 2000 Plaintiff Win Loss None Settle Women N = 57 25 (44%) 8 (14%) 7 (12%) 16 (28%) Men N = 13 7 (53%) 4 (31%) 2 (15%) 0 Note: Table includes disputes between wives and husbands that did not involve child custody as primary complaint, N = 70.

In my time in court, I did not hear anyone ask for a kadhi to consider another madhhab. Since my initial research period in 1999–2000, there have been changes relevant to the kadhi’s courts. 1057/9780230103115 - An Islamic Court in Context, Erin E. Stiles 22 An Islamic Court in Context civil courts, just as the plaintiff ’s claim and defendant’s counterclaims already mirrored their secular counterparts. Furthermore, kadhis were asked to cite the legal source for their ruling in every decision. In a 2002 interview, Shaykh Hamid told me that he was working every Thursday with a new kadhi—the one who eventually replaced him at Mkokotoni after his death.

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