Erin E. Stiles's 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 examine bargains perception into the workings of the modern Islamic criminal method. in keeping with fieldwork in Zanzibar, Stiles sheds mild on how humans comprehend and use Islamic criminal rules in marital disputes and at the judicial reasoning and litigant job in Islamic kinfolk courtroom. offering targeted interpretations, this ebook indicates 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 function locally. Stiles’ account offers a compelling and far-reaching contribution to socio-legal scholarship.

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Furthermore, there were no rules of evidence or procedure, and advocacy was not allowed (O. ); Chase notes that the prosecutor served as the defendant’s counsel (1976). L. Ramadhani, write that the People’s Courts Decree also established kadhi’s courts, many Zanzibaris told me that there were no provisions for state-supported Islamic courts during this time. And although community religious experts continued to exercise authority over religious matters, many people explained that during this period people were required to go to the local ruling party “chairmen” with marital problems or to get a divorce.

These numbers are fairly typical of the past 10 years in Mkokotoni: on average, about 40 cases are opened per year, and about 90 percent are marital disputes. 2 shows the number of cases opened per year by female and male plaintiffs between 1990 and 2004. The majority of cases in Zanzibar are opened by women; of all of the 76 cases opened in 1999–2000 period, women were plaintiffs in 61 and men were plaintiffs in 14; in the remaining case, described in chapter two, a woman brought a matter to court, but the case was opened as if her former husband was the plaintiff.

His father worked as a fisherman, like many men in the area even today, and his mother farmed rice, cassava, and potatoes for a living. The kadhi told me that his father taught him to fish, and although had never gone to school himself, he had studied the Qur’an and sheria, which seemed to instill a love of learning in his son. Shaykh Hamid married twice and had several children, and until he died, he made his home on Tumbatu with his second wife, a tall and vivacious woman who was quite unlike her studious, soft-spoken husband.

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

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