SHARIAsource

In this excerpt from Muḥammad b. Yūsuf al-Kindī's (d. 350/961) book on early Muslim judges, the author reports that the Qaysī Arabs and Yamanī Arabs, two warring tribes, were prohibited from testifying against one another by the Egyptian judge Tawba b. Namir (in office 115–120/733–738). On the second page, Kindī discusses the issue of non-Muslim testimony. He writes that while many Muslim jurists barred non-Muslim testimony entirely, those authorities who permitted it were faced with the challenge of devising techniques to screen witnesses from diverse communities. In this regard, Kindī records how the Egyptian ḥadīth scholar and judge Khayr b. Nuʿaym (in office 120–27/738–45) verified the personal credentials of non-Muslim witnesses by interviewing members of their respective circles (yasʾal ʿan ʿadālatihim fī ahl dīnihim). This procedure assumed that non-Muslims might also obtain a status of righteousness, a notion which is not necessarily assumed by other jurists. In Justice and Leadership in Early Islamic Courts Ahmed El Shamsy references this source to explore how the concern of bias due to enmity might also serve as sufficient grounds to reject testimony in an internal Muslim context due to political-factional enmity. 

This source is part of the Online Companion to the book Justice and Leadership in Early Islamic Courts (ILSP/HUP 2017)—a collection of sources and other material used in and related to the book.   

This is a reference to some of the various terms used in early sources to refer to Jaʿfar al-Ṣādiq and his followers, the Jaʿfarīs (e.g., aṣḥāb Jaʿfar), during and after Jaʿfar's lifetime.

This source is part of the Online Companion to Hossein Modarressi, Text and Interpretation: Imam Jaʿfar al-Ṣādiq and His Legacy in Islamic Law (Harvard University Press, 2022).

Suyūṭī’s (d. 911/1505) al-Ashbāh wa-l-Naẓāʾir is a treatise collecting Shāfiʿī legal canons. It examines the similarities and differences between legal and interpretive outcomes in Islamic law in ways that show how and why one judgment or outcome is distinguished from another, and in the process highlights the substantive and interpretive legal canons that guide those legal outcomes. 

For more, view the full print edition and see The Legal Thought of Jalal al-Din al-Suyuti: Authority and Legacy (Oxford, 2017) by Rebecca Hernandez.

This excerpt is from Ṣalāḥ al-Dīn al-ʿAlāʾī's (d. 761/1359) al-Majmūʿ al-Mudhhab fī Qawāʿid al-Madhhab, which is a two-volume collection of substantive legal canons and interpretive legal canons, and the third-oldest known Shāfiʿī canons collection from the Mamlūk era. Substantive legal canons (qawāʿid fiqhiyya) are short formulas expressing fundamental principles and doctrines of Islamic law, while interpretive legal canons (qawāʿid uṣūliyya) are principles for interpreting textual sources. This excerpt provides the first few pages excerpted from the author's Introduction. 

For more, view the full print edition and read the commentary by Mariam Sheibani on the Islamic Law Blog.

Akhbār Miṣr (History of Egypt), a chronicle written by al-Musabbiḥī (d. 420/1030), contains a new literary genre for Islamic criminal justice: criminal reports. Throughout the extant sections of the chronicle covering 414-415/1023-1025, al-Musabbiḥī will narrate in astonishing detail, with a dry and restrained tone, criminal cases that occurred in the Fatimid-era cities of al-Fusṭāṭ and Cairo along with crimes in rural areas. Al-Musabbiḥī’s criminal reports give a unique look on criminal law in action without significant literary embellishments in their portrayal. This criminal report is a rare example of a cold case where a murdered cloth merchant found in the desert is never solved. Such a narrative aptly illustrates the realities of criminal justice where solving some cases was extremely difficult, if not impossible, a fact that holds true today.

The source is edited by W. G. Millward in al-Musabbiḥī, Akhbār Miṣr fī Sanatayn (414-415 H.). Cairo:al-Hayʼah al-Miṣrīyah al- ʻĀmmah lil-Kitāb, 1980. A scan of this criminal case has been made available.