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Title: A critcal study and edition of the ADAB AL-QADA OF ISA B UTHMAN AL-GHAZZI ( d.799/1396) with a historical, literary and methodolgical introduction
Author: Al-Shami, Abdulla b Mohamed bSaeed
ISNI:       0000 0004 2670 7290
Awarding Body: The University of Manchester
Current Institution: University of Manchester
Date of Award: 1992
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This thesis contains a critical study and edition of the Adab al-Qadä' of 'Isä b. 'Uthmän al-Ghazni (799/1396), with an English introduction. The introduction consists of four chapters. Chapter 1 gives an account of the author and his historical milieu. It includes a biographical summary, a consideration of his education, his career, the political background to his life, and the institutional system within which he made his career. Chapter 2 gives a literary history of the juristic tradition in so far as it aids understanding of al- Ghazzi's work. Chapter 3 contains an analytical summary of the Adab al- Qadä', together with a general account of judicial procedure in Islamic litigation. The value of the work and al-Ghazzi's methods are discussed at the end of the chapter. Chapter 4 gives an account of the manuscripts which were used or consulted in producing the text. It also contains an account of the methodological principles adopted in editing the text. There are two appendices to the introduction, one being a list of all jurists mentioned in the text, together with brief biographical data, the other a list of all juristic works mentioned in the text. The bulk of the thesis consists of the Adab al-Qadä'. It is a work which deals with practical problems of judicial procedure, as they became evident to a working judge in Damascus in the 8th/14th century. In spite of some uncertainties of organisation, it is possible to distinguish four main areas of concern. These relate to claims (da äwä, bib 1), oaths (aymän, bib 2), testimonies (shahädät, bibs 3-5), and judicial decisions (ahkdm, bäbs 6-8). This is followed by a miscellaneous section (bäb 9). The book concludes with a consideration of the special spheres of competence of Shifi' i judges in Mamlük times (bäb 10).
Supervisor: Not available Sponsor: JISC Digital Islam
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available