SHARIAsource

Arabic text of the 2005 Constitution of Iraq.

In this excerpt, ʿAbd al-Karīm Zaydān (d. 2014), an Iraqi scholar, gives a summary of the Ẓāhirī, Shāfiʿī, Ḥanbalī, Ḥanafī, and Mālikī viewpoints on the question of judicial knowledge—that is, whether it is permissible for a judge to rule according to his own knowledge in court—and evaluates their merits. In his chapter on circumstantial evidence in Justice and Leadership in Early Islamic Courts, Hossein Modarressi cites this source to demonstrate the range of opinions held by Sunnī jurists on this issue.

In this excerpt, al-Sharīf al-Murtaḍā (d. 436/1044) cites a number of opinions regarding whether judges are permitted to rule according to their personal knowledge of a case. He focuses specifically on the question of how many additional witnesses are needed alongside a judge’s use of his own knowledge to render a valid verdict. In his chapter on circumstantial evidence in Justice and Leadership in Early Islamic Courts, Hossein Modarressi cites this source to illustrate some Shīʿī jurists’ endorsement of the validity of judicial knowledge.

This source is part of the Online Companion to the book Justice and Leadership in Early Islamic Courts, ed. Intisar A. Rabb and Abigail Krasner Balbale (ILSP/HUP 2017)—a collection of primary sources and other material used in and related to the book.

In this excerpt, Ibn al-Jawzī (d. 597/1201) relays cases in which a presiding judge revealed the falsity of the petitioner’s or defendant’s claim by employing shrewd investigative techniques to detect their guilt. For example, in one case the petitioner accused the defendant of failing to return money he had entrusted to him. The judge bade the petitioner to go to the mosque in Karkh where he claimed the money had been transferred and fetch a page of the Qurʾānic muṣḥaf kept there, so the defendant might swear his innocence on it. Once the petitioner was on his way, the judge asked the defendant whether he thought the petitioner had already reached the mosque. Although the defendant had claimed that he was not familiar with the site in question, he answered, “Not yet.” Having caught the defendant in a lie, the judge decided the defendant was deceitful and must return the money to the petitioner. In a second case, the judge of Hamadān discerned the dishonesty of a man who was called to give testimony by noting a difference in his stride. The man usually walked with a measured stride, taking a certain number of steps through the courtyard when he was called as a witness, but this time the judge noticed that the crossing took him several additional steps, “indicating that he walked slower to feign dignity.” The judge thus drew on his individual knowledge of the witness’s behavior to reject the latter’s credibility on the basis of subtle evidence. In his chapter on circumstantial evidence in Justice and Leadership in Early Islamic Courts, Hossein Modarressi cites these cases to illustrate how the judge might employ various forms of evidence, including his own knowledge, in order to resolve a case and achieve justice. However, he notes that both instances occurred before the stage of the case at which procedural due process begins, and thus they do not prove that the judge can employ personal knowledge later.

This source is part of the Online Companion to the book Justice and Leadership in Early Islamic Courts, ed. Intisar A. Rabb and Abigail Krasner Balbale (ILSP/HUP 2017)—a collection of primary sources and other material used in and related to the book.

In this excerpt from his manual on judicial practice, Abū Bakr Ahmad b. ʿAlī al-Jaṣṣāṣ (d. 370/980) discusses "different types of duties to fight based on residence: an enhanced duty existed for people in frontier lands bordering enemy territory as compared to those living in the interior." Like many medieval jurists, Jaṣṣāṣ "privileges the ruler’s authority to utilize the jihād duty" for a variety of reasons, including additional strategic objectives beyond territorial defense. He also states that if a ruler desires to offensively engage the enemy in their territory, then the obligation is on individuals. For more on jihād, read Adnan A. Zulfiqar's essay “Territory and Jurisdiction” in the Roundtable on the History of Islamic International Law on the Islamic Law Blog.

Ibn Isḥāq's Kitāb al-maghāzī, is a compilation of reports on events that occurred during or prior to the life of the Prophet Muhammad, including his military expeditions. Ibn Isḥāq “arranged [the reports] into what he deemed to be their correct chronological order and to which he added his own comments” adding a chain of narration to most reports. This excerpt is on the birth of the Prophet. 

For more on the text, see Nicolai Sinai and William Montgomery’s entry on the Prophet Muhammad in Encyclopedia Britannica. 

From imam-us.org:

The Office of His Eminence, Ayatullah Sayyid Ali al-Sistani, communicated a letter to the Secretary-General of the United Nations, His Excellency Mr. António Guterres, regarding the desecration of the Holy Quran in Sweden. A translation of this letter can be found below along with a link to the original.

In the Name of Allah, the Most Beneficent, the Most Merciful

To His Excellency Mr. António Guterres
Secretary-General of the United Nations

Greetings with respect and appreciation,

It has been reported in the media that someone in the Kingdom of Sweden desecrated a copy of the Holy Quran, intending to insult the religion of Islam. 

This disgraceful behavior has occurred more than once in different countries in recent years, but it is noticeable that this time it took place with an official permit from the Swedish police, claiming that it is a requirement of respect for freedom of expression!

However, it is certain that respect for freedom of expression does not justify permitting such a shameful act, which represents a flagrant attack on the sanctity of the beliefs of more than two billion Muslims in the world and creates an environment conducive to the spread of extremist ideas and wrong practices.

The Supreme Religious authority condemns what happened and calls on the United Nations to take effective steps to prevent the recurrence of similar incidents, compel countries to reconsider legislation that allows such occurrences, and call for establishing the values ​​of peaceful coexistence between followers of different religions and intellectual backgrounds based on caring for rights and mutual respect for all. 

The Office of Sayyid al-Sistani, Najaf
10 Dhu al-Hijjah, 1444 A.H
6/29/2023

The first extant investiture letter for a  ṣāḥib al-shurṭa can be found in a compendium of the rasāʼil (government letters) written by the head of the Buyid chancery in Baghdad, Abū Isḥāq Ibrāhīm al-Ṣābiʾ (d. 384/994). This letter was written for an official appointed as the ṣāḥib al-shurṭa over the city of Wāsiṭ in Iraq during the reign of the Buyid amir of Iraq, ʿIzz al- Dawla (r. 356-367/967-978). The text gives rare insight not only into the investiture genre for the shurṭa, but also into how his duties were shaped by sectarian conflicts raging in Iraq. 

This invesiture letter along with other rasāʼil were edited by  Iḥsān Dhūnūn al-Thāmirī in Diwān Rasāʾil al-Ṣābiʾ: the Registry of al-Ṣābiʾ Letters. London: Al-Furqān Islamic Heritage Foundation, 2017.  A scan of this investiture letter from Volume 1 has been made available. 

Nishwār al-muḥāḍara 

The Nishwār al-muḥāḍara, a compilation of anecdotes, offers literary embellished stories which give insight into the realities of Islamic criminal justice. The fourth/tenth-century Baghdadi historian, judge, official, and litterateur ʿAlī al- Tanūkhī (d. 384/944), who served in the Buyid administration, wrote the Nishwār to explore in a literary manner the social, political, and legal complexities of Muslim societies in Iraq. This story provides a full-length criminal case narrated by the victim of comedic and dire circumstances who becomes falsely arrested for murder. An investigation is conducted to find the real culprits. Besides entertaining the readers, al-Tanūkhī wants to convey to his audience what he found was ideal criminal justice where a shurṭa scribe, the hero of the tale, uncovers the case through ingenuity and good police work without resorting to the torture of an innocent man.   

The source is edited by ʿAbbūd Shāljī in ʿAlī al- Tanūkhī, Nishwār al- muḥāḍarah wa-akhbār al-mudhākarah, 8 vols. Beirut: Dār Ṣādir, 1971. Scans of this story from volume 5 have been made available. 

The Siyāsat al-Mulūk is a mirror for princes written by an anonymous author sometime in the mid-fourth-tenth century. The author was likely a late Abbasid official in the financial administration who became a high official during the early Buyid era and wrote this treatise for the new rulers. In a chapter on the shurṭa, the text offers the most detailed administration of Islamic criminal justice in the Abbasid and Buyid periods. The author gives recommendations and instructions for the ṣāḥib al-shurṭa (chief criminal magistrate and police chief) based on how he should manage his various subordinates, inspect prisons, and patrol the city along with procedures not mentioned in other texts, such as the use of informants. Scans of the chapter on the shurṭa in this manuscript from Süleymaniye Library in Istanbul have been made available.

At Sistani.org, Ayatollah Sistani, states leading Shīʿī positions in response to varied questions on circumstances surrounding abortion, or isqāṭ al-janīn.