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eBook details

Title: Evidence in Ottoman Courts: Oral and Written Documentation in Early-Modern Courts of Islamic Law.
Author : The Journal of the American Oriental Society
Release Date : January 01, 2004
Genre: Social Science,Books,Nonfiction,
Pages : * pages
Size : 268 KB

Description

I. INTRODUCTION Pursuing the insights of Ignaz Goldziher and Snouck Hurgronje regarding the gap between Islamic legal doctrine and practice, it was perhaps Jeanette Wakin who first explicitly pointed to what she called the "ambiguous" status of unwritten documents in Islamic law: although legal doctrine, as crystallized in the formative period of the Islamic legal tradition (eighth through tenth centuries), discouraged the use of written documents as legal proof and, consequently, disregarded them as topics worthy of judicial elucidation, Muslims used documents in all aspects of their lives from the earliest times (Wakin 1972: 4-5; cf. Udovitch 1970: 86).