By Baudouin Dupret (ed.), Barbara Drieskens (ed.), Annelies Moors (ed.)
The reality, in criminal phrases, is the model of ""what happened"" which incorporates such a lot authority. This unique and thought-provoking e-book appears at how this narrative is built in Muslim societies, and which truths are privileged over others in developing it. a number contrasting case experiences, from Sharia courts to inquiries into police abuse, this booklet explores how usual tales are remodeled into authoritative truths.
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Additional resources for Narratives of Truth in Islamic Law
God willing. (alBurzuli, 2002: II, 346-7) 3. Opinions: In many cases the evaluation of the case needs to master the jurisprudence of the school, and so explicitly quote and consider earlier opinions issued on similar cases, as well as different views on the matter. In doing so, the mufti is also preserving other precedents in the form of a fatwa. That is to say that our stories are also made out of other earlier stories. 4. Decision making: The main task of the mufti is obviously to find a solution for the problem or give advice that will help the mustafti in understanding what to do subsequently.
Johansen argues that the qualification and evaluation of different legal opinions did not mean that fatwas would be dismissed, but that they should be juxtaposed and compiled, studied and discussed together with the selected ones (Johansen 1993). In the cases I have selected here, there is not an evaluation of the cases, except the one given by the muftis in their answers. As Johansen says, the authors have another task, since their clear job is only and merely to provide the reader with the jurisprudence of the school, avoiding their own opinion.
In his time, it was a common practice to give this as a matter of courtesy (mukarama). He was told that no one issued a judgment on the matter, since it was only out of 36 NARRATIVES OF TRUTH IN ISLAMIC LAW courtesy, and giving a sentence on this meant taking the custom as a basis, but customs change. So, they told him: No, there was a sentence which took this problem as if it were stipulated as a condition in the contract, so there should be a compensation (mu‘awada). So, here there is no other way but to corroborate the witnesses’ testimony, as I said before, because, according to the principles of the law (asl al-shari‘a), there is nothing that obliges the bride or her father to provide a trousseau (jihaz).
Narratives of Truth in Islamic Law by Baudouin Dupret (ed.), Barbara Drieskens (ed.), Annelies Moors (ed.)