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This is an enactment of May 1, 1952, "to amend the law relating to the constitution and powers of the civil and criminal courts." It reconstitutes Brunei's court system, making certain revisions to the Courts Enactment of 1908 (but retaining the same basic structure). See Section 17(2) (p.37) for the Religious Council, unmentioned in the Enactment of 1908. The Enactment names neither the Sultan nor the British Resident, and does not specify an author or enacting authority.

This enactment of May 1, 1952, "establish[es] a code of criminal procedure." It appears to have borrowed certain material from a "corresponding Code in the Colony of Sarawak." It names neither the Sultan nor the British Resident, and does not specify an author or enacting authority.

This enactment of May 1, 1952, "establish[es] a code of criminal procedure." It appears to have borrowed certain material from a "corresponding Code in the Colony of Sarawak." It names neither the Sultan nor the British Resident, and does not specify an author or enacting authority.

This enactment of April 25, 1951, "regulate[s] the application in the State of the Common Law of England, the doctrines of equity and statutes of general application." It says that the common law of England, doctrines of equity and statutes of general application will be in force in the State, but subjects them to "such qualifications as local circumstances and native customs render necessary." It names neither the Sultan nor the British Resident, and does not specify an author or enacting authority.

This enactment of May 1, 1952, "establish[es] a code of criminal procedure." It appears to have borrowed certain material from a "corresponding Code in the Colony of Sarawak." It names neither the Sultan nor the British Resident, and does not specify an author or enacting authority.

This enactment of May 1, 1952, "establish[es] a code of criminal procedure." It appears to have borrowed certain material from a "corresponding Code in the Colony of Sarawak." It names neither the Sultan nor the British Resident, and does not specify an author or enacting authority.

This enactment of May 1, 1952, "establish[es] a code of criminal procedure." It appears to have borrowed certain material from a "corresponding Code in the Colony of Sarawak." It names neither the Sultan nor the British Resident, and does not specify an author or enacting authority.

This enactment of May 1, 1952, "establish[es] a code of criminal procedure." It appears to have borrowed certain material from a "corresponding Code in the Colony of Sarawak." It names neither the Sultan nor the British Resident, and does not specify an author or enacting authority.

This enactment of May 1, 1952, "establish[es] a code of criminal procedure." It appears to have borrowed certain material from a "corresponding Code in the Colony of Sarawak." It names neither the Sultan nor the British Resident, and does not specify an author or enacting authority.

This agreement between Great Britain and Brunei announces that Brunei "shall remain an independent state, under the protection of Great Britain." It confers certain powers over Brunei's internal administration on the British government, and entitles British citizens in Brunei to certain rights. It is signed by Hugh Low, British Resident at Perak, and bears the seal of the Sultan of Brunei.

This enactment of May 1, 1952, establishes a code of criminal law, "based on" the Indian Penal Code. It defines certain offenses and prescribes punishments. It names neither the Sultan nor the British Resident, and does not specify an author or enacting authority.

This enactment of May 1, 1952, "establish[es] a code of criminal procedure." It appears to have borrowed certain material from a "corresponding Code in the Colony of Sarawak." It names neither the Sultan nor the British Resident, and does not specify an author or enacting authority.

This enactment of May 1, 1952, establishes a code of criminal law, "based on" the Indian Penal Code. It defines certain offenses and prescribes punishments. It names neither the Sultan nor the British Resident, and does not specify an author or enacting authority.

This enactment of May 1, 1952, establishes a code of criminal law, "based on" the Indian Penal Code. It defines certain offenses and prescribes punishments. It names neither the Sultan nor the British Resident, and does not specify an author or enacting authority.

This enactment of May 1, 1952, establishes a code of criminal law, "based on" the Indian Penal Code. It defines certain offenses and prescribes punishments. It names neither the Sultan nor the British Resident, and does not specify an author or enacting authority.

The Sultan of Brunei enacted this document on March 31, 1908, with the approval of M.S.H. MacArthur, British Resident of Brunei. It establishes the structure and jurisdiction of Brunei's courts, the maximum penalties they can impose, and the codes that they are to follow. Most of these were codes already in force in the Straits Settlements or Federated Malay States.

This enactment of May 1, 1952, establishes a code of criminal law, "based on" the Indian Penal Code. It defines certain offenses and prescribes punishments. It names neither the Sultan nor the British Resident, and does not specify an author or enacting authority.

This enactment of May 1, 1952, establishes a code of criminal law, "based on" the Indian Penal Code. It defines certain offenses and prescribes punishments. It names neither the Sultan nor the British Resident, and does not specify an author or enacting authority.

This case was brought by the parents of Maria Huberdina Hertogh for the following reliefs: that Hertogh's marriage to Inche Mansoor Adabi be declared void and of no effect; that Inche Mansoor Adabi be ordered to deliver Hertogh to the custody of the Consul-General for the Netherlands; that the Consul-General for the Netherlands be free to restore Hertogh to her parents; and that Inche Mansoor Adabi and Amina Binte Mohamed be prohibited from removing Hertogh from the jurisdiction of the court pending the hearing of the application. The Court ruled that it did have jurisdiction to declare the marriage void, that the marriage was invalid, and that Hertogh should be returned to the custody of her mother.

This appeal against the ruling reported in Malaya Law Journal XVII 12 was made on the grounds that the Court had no jurisdiction to declare void the marriage between Maria Huberdina Hertogh and Inche Mansor Adabi, that Hertogh was a Muslim "in fact and in law," and that her marriage to Inche Mansor Adabi was valid. The Court ruled that the declaration of the illegality of the marriage was beyond the Court's jurisdiction, but that Hertogh was domiciled in Holland. As Inche Mansor Adabi had not proven that the marriage was valid by the laws of Holland, the Court had rightly ordered custody of Hertogh to be returned to her parents.

This case was an appeal against the order of the Chief Justice of Singapore that Che Amina Binte Mohamed should deliver Maria Huberdina Hertogh to the custody of the Consul-General for the Netherlands. The Court ruled that the non-service of the necessary parties rendered the order a nullity. This version reproduces the opinions of the presiding judges, Evans, Storr and Thorogood.

This enactment of August 3, 1948, "provide[s] for the solemnization and registration of church and civil marriages." It deals with all marriages except those "contracted according to the usages of the Mohammedans, Hindus, Buddhists, Dayaks and other persons governed by their own laws or customs." It names neither the Sultan nor the British Resident, and does not specify an author or enacting authority.

The Sultan of Brunei enacted this document on December 10, 1911, with the approval of Harvey Chevallier, British Resident of Brunei. It defines and prescribes punishments for certain offenses committed by "persons professing the Muhammadan religion." Most of these pertain to marriage law.

This document was enacted on August 1, 1913. It prescribes certain measures for the registration of marriages and divorces between Muslims in Brunei, and shows the basic format of marriage and divorce certificates. It names neither the Sultan nor the British Resident, and does not specify an author or enacting authority.

A.V.M. Horton edited this 1987 edition of the 1904 report written by M.S.H. McArthur on conditions in the Sultanate (and then-British protectorate) of Brunei. It is a detailed survey of government, administration, and social and economic conditions in the Sultanate, written to the end of informing British administration in Brunei. It predates the establishment of the Residency by two years. This edition includes Horton's preface and annotations, along with supplementary materials.

F.C. Gimson, Governor of Singapore, commissioned this 98-page report of July 13, 1951, "on the recent disorders in Singapore on 11th December [1950] and subsequent days, with special reference to the causes of those disorders, and the measures taken to protect life and property and to restore law and order" (p.97). The events to which it refers were the riots that took place in Singapore after the ruling of the case In re Maria Huberdina Hertogh. It contains 22 chapters that describe the "disorders" and the response of the colonial government and administration, as well as several accounts written by observers and participants.

F.C. Gimson, Governor of Singapore, commissioned this 98-page report of July 13, 1951, "on the recent disorders in Singapore on 11th December [1950] and subsequent days, with special reference to the causes of those disorders, and the measures taken to protect life and property and to restore law and order" (p.97). The events to which it refers were the riots that took place in Singapore after the ruling of the case In re Maria Huberdina Hertogh. It contains 22 chapters that describe the "disorders" and the response of the colonial government and administration, as well as several accounts written by observers and participants.

The constitution of the State of Brunei was composed at the end of the British Residency (1906-1959) and recorded in Brunei Constitutional Documents, a collection of all of the constitutional documents that came into force between September 29, 1959, and July 1, 1960. It was enacted by proclamation of the Sultan of Brunei, Omar Ali Saifuddin Sa'adul Khairi Waddin Ibni Almarhum Mohamed Jamal-ul Alam. It has twelve parts: Part I, Preliminary; Part II, Religion; Part III, Executive Authority; Part IV, Privy Council; Part V, The Executive Council; Part VI, The Legislative Council; Part VII, Legislation and Procedure in the Legislative Council; Part VIII, Finance; Part IX, The Public Services; Part X, The State Seal; Part XI, Miscellaneous; Part XII, Amendment and Interpretation of the Constitution.

This enactment "consolidate[s] the law relating to the Religious Council and State Custom, the Kathis Courts, the constitution and organization of religious authorities and the regulation of religious affairs." It was enacted by the Sultan in Council and during the Residency of J.O. Gilbert, to take effect on February 1, 1956. It establishes a Religious Council (Majlis) and defines its composition, powers and responsibilities. It also establishes the jurisdiction and procedure of the Religious Courts in Brunei, and has sections on family law, criminal law, and laws of religious observance. Its provisions are divided into ten parts and 204 sections.

The Muwaṭṭaʾ is the first extant treatise on Islamic law, written by the eighth-century Medinan jurist Mālik b. Anas (d. 179/795). It provides an unparalleled window into the life of the early Muslim community of Medina—where the Prophet Muḥammad lived and died after immigrating from Mecca—as well as the rituals, laws, and customs that its members upheld years after his death. Harvard’s Program in Islamic Law, in conjunction with Harvard University Press, published an English translation of the Muwaṭṭaʾ in 2019, edited and translated by Professors Mohammad Fadel and Connell Monette. This translation is based on the recently published critical edition of the Muwaṭṭaʾ, The Royal Moroccan Edition (Rabat: Ministry of Endowments, 2013). With its extensive notes, the English edition is intended to make this important early legal text widely accessible to a broad spectrum of readers, including those interested in both legal history and Islamic Studies. This Online Companion to the Muwaṭṭaʾ makes the full texts of both the original Arabic edition and its English translation freely available online. We gratefully acknowledge the Moroccan Ministry of Endowments and Islamic Affairs for permissions to make the full Arabic text available online.

This source is part of the Online Companion to the print edition al-Muwaṭṭaʾ, the Royal Moroccan Edition: The Recension of Yaḥyā Ibn Yaḥyā al-Laythī (Harvard Series in Islamic Law), edited and translated by Mohammad Fadel and Connell Monette (PIL/HUP, 2019).

The Arabic text has been provided in 15 parts, of which this is the fourteenth.

The Muwaṭṭaʾ is the first extant treatise on Islamic law, written by the eighth-century Medinan jurist Mālik b. Anas (d. 179/795). It provides an unparalleled window into the life of the early Muslim community of Medina—where the Prophet Muḥammad lived and died after immigrating from Mecca—as well as the rituals, laws, and customs that its members upheld years after his death. Harvard’s Program in Islamic Law, in conjunction with Harvard University Press, published an English translation of the Muwaṭṭaʾ in 2019, edited and translated by Professors Mohammad Fadel and Connell Monette. This translation is based on the recently published critical edition of the Muwaṭṭaʾ, The Royal Moroccan Edition (Rabat: Ministry of Endowments, 2013). With its extensive notes, the English edition is intended to make this important early legal text widely accessible to a broad spectrum of readers, including those interested in both legal history and Islamic Studies. This Online Companion to the Muwaṭṭaʾ makes the full texts of both the original Arabic edition and its English translation freely available online. We gratefully acknowledge the Moroccan Ministry of Endowments and Islamic Affairs for permissions to make the full Arabic text available online.

This source is part of the Online Companion to the print edition al-Muwaṭṭaʾ, the Royal Moroccan Edition: The Recension of Yaḥyā Ibn Yaḥyā al-Laythī (Harvard Series in Islamic Law), edited and translated by Mohammad Fadel and Connell Monette (PIL/HUP, 2019).

The Arabic text has been provided in 15 parts, of which this is the fifteenth.

The Muwaṭṭaʾis the first extant treatise on Islamic law, written by the eighth-century Medinan jurist Mālik b. Anas (d. 179/795). It provides an unparalleled window into the life of the early Muslim community of Medina—where the Prophet Muḥammad lived and died after immigrating from Mecca—as well as the rituals, laws, and customs that its members upheld years after his death. Harvard’s Program in Islamic Law, in conjunction with Harvard University Press, published an English translation of the Muwaṭṭaʾin 2019, edited and translated by Professors Mohammad Fadel and Connell Monette. This translation is based on the recently published critical edition of the Muwaṭṭaʾ, The Royal Moroccan Edition (Rabat: Ministry of Endowments, 2013). With its extensive notes, the English edition is intended to make this important early legal text widely accessible to a broad spectrum of readers, including those interested in both legal history and Islamic Studies. This Online Companionto the Muwaṭṭaʾmakes the full texts of both the original Arabic edition and its English translation freely available online. We gratefully acknowledge the Moroccan Ministry of Endowments and Islamic Affairs for permissions to make the full Arabic text available online.

This source is part of the Online Companion to the print edition al-Muwaṭṭaʾ, the Royal Moroccan Edition: The Recension of Yaḥyā Ibn Yaḥyā al-Laythī (Harvard Series in Islamic Law), edited and translated by Mohammad Fadel and Connell Monette (PIL/HUP, 2019).

The Arabic text has been provided in 15 parts, of which this is the fourth.

The Muwaṭṭaʾ is the first extant treatise on Islamic law, written by the eighth-century Medinan jurist Mālik b. Anas (d. 179/795). It provides an unparalleled window into the life of the early Muslim community of Medina—where the Prophet Muḥammad lived and died after immigrating from Mecca—as well as the rituals, laws, and customs that its members upheld years after his death. Harvard’s Program in Islamic Law, in conjunction with Harvard University Press, published an English translation of the Muwaṭṭaʾ in 2019, edited and translated by Professors Mohammad Fadel and Connell Monette. This translation is based on the recently published critical edition of the Muwaṭṭaʾ, The Royal Moroccan Edition (Rabat: Ministry of Endowments, 2013). With its extensive notes, the English edition is intended to make this important early legal text widely accessible to a broad spectrum of readers, including those interested in both legal history and Islamic Studies. This Online Companion to the Muwaṭṭaʾ makes the full texts of both the original Arabic edition and its English translation freely available online. We gratefully acknowledge the Moroccan Ministry of Endowments and Islamic Affairs for permissions to make the full Arabic text available online.

This source is part of the Online Companion to the print edition al-Muwaṭṭaʾ, the Royal Moroccan Edition: The Recension of Yaḥyā Ibn Yaḥyā al-Laythī (Harvard Series in Islamic Law), edited and translated by Mohammad Fadel and Connell Monette (PIL/HUP, 2019).

The Arabic text has been provided in 15 parts, of which this is the third.

The Muwaṭṭaʾ is the first extant treatise on Islamic law, written by the eighth-century Medinan jurist Mālik b. Anas (d. 179/795). It provides an unparalleled window into the life of the early Muslim community of Medina—where the Prophet Muḥammad lived and died after immigrating from Mecca—as well as the rituals, laws, and customs that its members upheld years after his death. Harvard’s Program in Islamic Law, in conjunction with Harvard University Press, published an English translation of the Muwaṭṭaʾ in 2019, edited and translated by Professors Mohammad Fadel and Connell Monette. This translation is based on the recently published critical edition of the Muwaṭṭaʾ, The Royal Moroccan Edition (Rabat: Ministry of Endowments, 2013). With its extensive notes, the English edition is intended to make this important early legal text widely accessible to a broad spectrum of readers, including those interested in both legal history and Islamic Studies. This Online Companion to the Muwaṭṭaʾ makes the full texts of both the original Arabic edition and its English translation freely available online. We gratefully acknowledge the Moroccan Ministry of Endowments and Islamic Affairs for permissions to make the full Arabic text available online.

This source is part of the Online Companion to the print edition al-Muwaṭṭaʾ, the Royal Moroccan Edition: The Recension of Yaḥyā Ibn Yaḥyā al-Laythī (Harvard Series in Islamic Law), edited and translated by Mohammad Fadel and Connell Monette (PIL/HUP, 2019).

The Arabic text has been provided in 15 parts, of which this is the fifth.

The Muwaṭṭaʾ is the first extant treatise on Islamic law, written by the eighth-century Medinan jurist Mālik b. Anas (d. 179/795). It provides an unparalleled window into the life of the early Muslim community of Medina—where the Prophet Muḥammad lived and died after immigrating from Mecca—as well as the rituals, laws, and customs that its members upheld years after his death. Harvard’s Program in Islamic Law, in conjunction with Harvard University Press, published an English translation of the Muwaṭṭaʾ in 2019, edited and translated by Professors Mohammad Fadel and Connell Monette. This translation is based on the recently published critical edition of the Muwaṭṭaʾ, The Royal Moroccan Edition (Rabat: Ministry of Endowments, 2013). With its extensive notes, the English edition is intended to make this important early legal text widely accessible to a broad spectrum of readers, including those interested in both legal history and Islamic Studies. This Online Companion to the Muwaṭṭaʾ makes the full texts of both the original Arabic edition and its English translation freely available online. We gratefully acknowledge the Moroccan Ministry of Endowments and Islamic Affairs for permissions to make the full Arabic text available online.

This source is part of the Online Companion to the print edition al-Muwaṭṭaʾ, the Royal Moroccan Edition: The Recension of Yaḥyā Ibn Yaḥyā al-Laythī (Harvard Series in Islamic Law), edited and translated by Mohammad Fadel and Connell Monette (PIL/HUP, 2019).

The Arabic text has been provided in 15 parts, of which this is the seventh.

The Muwaṭṭaʾ is the first extant treatise on Islamic law, written by the eighth-century Medinan jurist Mālik b. Anas (d. 179/795). It provides an unparalleled window into the life of the early Muslim community of Medina—where the Prophet Muḥammad lived and died after immigrating from Mecca—as well as the rituals, laws, and customs that its members upheld years after his death. Harvard’s Program in Islamic Law, in conjunction with Harvard University Press, published an English translation of the Muwaṭṭaʾ in 2019, edited and translated by Professors Mohammad Fadel and Connell Monette. This translation is based on the recently published critical edition of the Muwaṭṭaʾ, The Royal Moroccan Edition (Rabat: Ministry of Endowments, 2013). With its extensive notes, the English edition is intended to make this important early legal text widely accessible to a broad spectrum of readers, including those interested in both legal history and Islamic Studies. This Online Companion to the Muwaṭṭaʾ makes the full texts of both the original Arabic edition and its English translation freely available online. We gratefully acknowledge the Moroccan Ministry of Endowments and Islamic Affairs for permissions to make the full Arabic text available online.

This source is part of the Online Companion to the print edition al-Muwaṭṭaʾ, the Royal Moroccan Edition: The Recension of Yaḥyā Ibn Yaḥyā al-Laythī (Harvard Series in Islamic Law), edited and translated by Mohammad Fadel and Connell Monette (PIL/HUP, 2019).

The Arabic text has been provided in 15 parts, of which this is the eighth.

The Muwaṭṭaʾ is the first extant treatise on Islamic law, written by the eighth-century Medinan jurist Mālik b. Anas (d. 179/795). It provides an unparalleled window into the life of the early Muslim community of Medina—where the Prophet Muḥammad lived and died after immigrating from Mecca—as well as the rituals, laws, and customs that its members upheld years after his death. Harvard’s Program in Islamic Law, in conjunction with Harvard University Press, published an English translation of the Muwaṭṭaʾ in 2019, edited and translated by Professors Mohammad Fadel and Connell Monette. This translation is based on the recently published critical edition of the Muwaṭṭaʾ, The Royal Moroccan Edition (Rabat: Ministry of Endowments, 2013). With its extensive notes, the English edition is intended to make this important early legal text widely accessible to a broad spectrum of readers, including those interested in both legal history and Islamic Studies. This Online Companion to the Muwaṭṭaʾ makes the full texts of both the original Arabic edition and its English translation freely available online. We gratefully acknowledge the Moroccan Ministry of Endowments and Islamic Affairs for permissions to make the full Arabic text available online.

This source is part of the Online Companion to the print edition al-Muwaṭṭaʾ, the Royal Moroccan Edition: The Recension of Yaḥyā Ibn Yaḥyā al-Laythī (Harvard Series in Islamic Law), edited and translated by Mohammad Fadel and Connell Monette (PIL/HUP, 2019).

The Arabic text has been provided in 15 parts, of which this is the tenth.

The Muwaṭṭaʾ is the first extant treatise on Islamic law, written by the eighth-century Medinan jurist Mālik b. Anas (d. 179/795). It provides an unparalleled window into the life of the early Muslim community of Medina—where the Prophet Muḥammad lived and died after immigrating from Mecca—as well as the rituals, laws, and customs that its members upheld years after his death. Harvard’s Program in Islamic Law, in conjunction with Harvard University Press, published an English translation of the Muwaṭṭaʾ in 2019, edited and translated by Professors Mohammad Fadel and Connell Monette. This translation is based on the recently published critical edition of the Muwaṭṭaʾ, The Royal Moroccan Edition (Rabat: Ministry of Endowments, 2013). With its extensive notes, the English edition is intended to make this important early legal text widely accessible to a broad spectrum of readers, including those interested in both legal history and Islamic Studies. This Online Companion to the Muwaṭṭaʾ makes the full texts of both the original Arabic edition and its English translation freely available online. We gratefully acknowledge the Moroccan Ministry of Endowments and Islamic Affairs for permissions to make the full Arabic text available online.

This source is part of the Online Companion to the print edition al-Muwaṭṭaʾ, the Royal Moroccan Edition: The Recension of Yaḥyā Ibn Yaḥyā al-Laythī (Harvard Series in Islamic Law), edited and translated by Mohammad Fadel and Connell Monette (PIL/HUP, 2019).

The Arabic text has been provided in 15 parts, of which this is the twelfth.

The Muwaṭṭaʾ is the first extant treatise on Islamic law, written by the eighth-century Medinan jurist Mālik b. Anas (d. 179/795). It provides an unparalleled window into the life of the early Muslim community of Medina—where the Prophet Muḥammad lived and died after immigrating from Mecca—as well as the rituals, laws, and customs that its members upheld years after his death. Harvard’s Program in Islamic Law, in conjunction with Harvard University Press, published an English translation of the Muwaṭṭaʾ in 2019, edited and translated by Professors Mohammad Fadel and Connell Monette. This translation is based on the recently published critical edition of the Muwaṭṭaʾ, The Royal Moroccan Edition (Rabat: Ministry of Endowments, 2013). With its extensive notes, the English edition is intended to make this important early legal text widely accessible to a broad spectrum of readers, including those interested in both legal history and Islamic Studies. This Online Companion to the Muwaṭṭaʾ makes the full texts of both the original Arabic edition and its English translation freely available online. We gratefully acknowledge the Moroccan Ministry of Endowments and Islamic Affairs for permissions to make the full Arabic text available online.

This source is part of the Online Companion to the print edition al-Muwaṭṭaʾ, the Royal Moroccan Edition: The Recension of Yaḥyā Ibn Yaḥyā al-Laythī (Harvard Series in Islamic Law), edited and translated by Mohammad Fadel and Connell Monette (PIL/HUP, 2019).

The Arabic text has been provided in 15 parts, of which this is the eleventh.

The Muwaṭṭaʾ is the first extant treatise on Islamic law, written by the eighth-century Medinan jurist Mālik b. Anas (d. 179/795). It provides an unparalleled window into the life of the early Muslim community of Medina—where the Prophet Muḥammad lived and died after immigrating from Mecca—as well as the rituals, laws, and customs that its members upheld years after his death. Harvard’s Program in Islamic Law, in conjunction with Harvard University Press, published an English translation of the Muwaṭṭaʾ in 2019, edited and translated by Professors Mohammad Fadel and Connell Monette. This translation is based on the recently published critical edition of the Muwaṭṭaʾ, The Royal Moroccan Edition (Rabat: Ministry of Endowments, 2013). With its extensive notes, the English edition is intended to make this important early legal text widely accessible to a broad spectrum of readers, including those interested in both legal history and Islamic Studies. This Online Companion to the Muwaṭṭaʾ makes the full texts of both the original Arabic edition and its English translation freely available online. We gratefully acknowledge the Moroccan Ministry of Endowments and Islamic Affairs for permissions to make the full Arabic text available online.

This source is part of the Online Companion to the print edition al-Muwaṭṭaʾ, the Royal Moroccan Edition: The Recension of Yaḥyā Ibn Yaḥyā al-Laythī (Harvard Series in Islamic Law), edited and translated by Mohammad Fadel and Connell Monette (PIL/HUP, 2019).

The Arabic text has been provided in 15 parts, of which this is the ninth.

The Muwaṭṭaʾ is the first extant treatise on Islamic law, written by the eighth-century Medinan jurist Mālik b. Anas (d. 179/795). It provides an unparalleled window into the life of the early Muslim community of Medina—where the Prophet Muḥammad lived and died after immigrating from Mecca—as well as the rituals, laws, and customs that its members upheld years after his death. Harvard’s Program in Islamic Law, in conjunction with Harvard University Press, published an English translation of the Muwaṭṭaʾ in 2019, edited and translated by Professors Mohammad Fadel and Connell Monette. This translation is based on the recently published critical edition of the Muwaṭṭaʾ, The Royal Moroccan Edition (Rabat: Ministry of Endowments, 2013). With its extensive notes, the English edition is intended to make this important early legal text widely accessible to a broad spectrum of readers, including those interested in both legal history and Islamic Studies. This Online Companion to the Muwaṭṭaʾ makes the full texts of both the original Arabic edition and its English translation freely available online. We gratefully acknowledge the Moroccan Ministry of Endowments and Islamic Affairs for permissions to make the full Arabic text available online.

This source is part of the Online Companion to the print edition al-Muwaṭṭaʾ, the Royal Moroccan Edition: The Recension of Yaḥyā Ibn Yaḥyā al-Laythī (Harvard Series in Islamic Law), edited and translated by Mohammad Fadel and Connell Monette (PIL/HUP, 2019).

The Arabic text has been provided in 15 parts, of which this is the second.

The Muwaṭṭaʾis the first extant treatise on Islamic law, written by the eighth-century Medinan jurist Mālik b. Anas (d. 179/795). It provides an unparalleled window into the life of the early Muslim community of Medina—where the Prophet Muḥammad lived and died after immigrating from Mecca—as well as the rituals, laws, and customs that its members upheld years after his death. Harvard’s Program in Islamic Law, in conjunction with Harvard University Press, published an English translation of the Muwaṭṭaʾin 2019, edited and translated by Professors Mohammad Fadel and Connell Monette. This translation is based on the recently published critical edition of the Muwaṭṭaʾ, The Royal Moroccan Edition (Rabat: Ministry of Endowments, 2013). With its extensive notes, the English edition is intended to make this important early legal text widely accessible to a broad spectrum of readers, including those interested in both legal history and Islamic Studies. This Online Companionto the Muwaṭṭaʾmakes the full texts of both the original Arabic edition and its English translation freely available online. We gratefully acknowledge the Moroccan Ministry of Endowments and Islamic Affairs for permissions to make the full Arabic text available online.

This source is part of the Online Companion to the print edition al-Muwaṭṭaʾ, the Royal Moroccan Edition: The Recension of Yaḥyā Ibn Yaḥyā al-Laythī(Harvard Series in Islamic Law), edited and translated by Mohammad Fadel and Connell Monette (PIL/HUP, 2019).

 The Arabic text has been provided in 15 parts, of which this is the first.

The Muwaṭṭaʾ is the first extant treatise on Islamic law, written by the eighth-century Medinan jurist Mālik b. Anas (d. 179/795). It provides an unparalleled window into the life of the early Muslim community of Medina—where the Prophet Muḥammad lived and died after immigrating from Mecca—as well as the rituals, laws, and customs that its members upheld years after his death. Harvard’s Program in Islamic Law, in conjunction with Harvard University Press, published an English translation of the Muwaṭṭaʾ in 2019, edited and translated by Professors Mohammad Fadel and Connell Monette. This translation is based on the recently published critical edition of the Muwaṭṭaʾ, The Royal Moroccan Edition (Rabat: Ministry of Endowments, 2013). With its extensive notes, the English edition is intended to make this important early legal text widely accessible to a broad spectrum of readers, including those interested in both legal history and Islamic Studies. This Online Companion to the Muwaṭṭaʾ makes the full texts of both the original Arabic edition and its English translation freely available online. We gratefully acknowledge the Moroccan Ministry of Endowments and Islamic Affairs for permissions to make the full Arabic text available online.

This source is part of the Online Companion to the print edition al-Muwaṭṭaʾ, the Royal Moroccan Edition: The Recension of Yaḥyā Ibn Yaḥyā al-Laythī (Harvard Series in Islamic Law), edited and translated by Mohammad Fadel and Connell Monette (PIL/HUP, 2019).

The Arabic text has been provided in 15 parts, of which this is the thirteenth.

The Muwaṭṭaʾis the first extant treatise on Islamic law, written by the eighth-century Medinan jurist Mālik b. Anas (d. 179/795). It provides an unparalleled window into the life of the early Muslim community of Medina—where the Prophet Muḥammad lived and died after immigrating from Mecca—as well as the rituals, laws, and customs that its members upheld years after his death. Harvard’s Program in Islamic Law, in conjunction with Harvard University Press, published an English translation of the Muwaṭṭaʾin 2019, edited and translated by well-known Islamic law scholars Professors Mohammad Fadel and Connell Monette. This translation is based on the recently published critical edition of the Muwaṭṭaʾ, The Royal Moroccan Edition (Rabat: Ministry of Endowments, 2013). With its extensive notes, the English edition is intended to make this important early legal text widely accessible to a broad spectrum of readers, including those interested in both legal history and Islamic Studies. This Online Companionto the Muwaṭṭaʾmakes the full texts of both the original Arabic edition and its English translation freely available online. We gratefully acknowledge the Moroccan Ministry of Endowments and Islamic Affairs for permissions to make the full Arabic text available online.

This source is part of the Online Companion to the print edition al-Muwaṭṭaʾ, the Royal Moroccan Edition: The Recension of Yaḥyā Ibn Yaḥyā al-Laythī (Harvard Series in Islamic Law), edited and translated by Mohammad Fadel and Connell Monette (PIL/HUP, 2019).

The Muwaṭṭaʾ is the first extant treatise on Islamic law, written by the eighth-century Medinan jurist Mālik b. Anas (d. 179/795). It provides an unparalleled window into the life of the early Muslim community of Medina—where the Prophet Muḥammad lived and died after immigrating from Mecca—as well as the rituals, laws, and customs that its members upheld years after his death. Harvard’s Program in Islamic Law, in conjunction with Harvard University Press, published an English translation of the Muwaṭṭaʾ in 2019, edited and translated by Professors Mohammad Fadel and Connell Monette. This translation is based on the recently published critical edition of the Muwaṭṭaʾ, The Royal Moroccan Edition (Rabat: Ministry of Endowments, 2013). With its extensive notes, the English edition is intended to make this important early legal text widely accessible to a broad spectrum of readers, including those interested in both legal history and Islamic Studies. This Online Companion to the Muwaṭṭaʾ makes the full texts of both the original Arabic edition and its English translation freely available online. We gratefully acknowledge the Moroccan Ministry of Endowments and Islamic Affairs for permissions to make the full Arabic text available online.

Image 1: Kingdom of Morocco National Library, MS No. J787: Colophon of the Muwaṭṭaʾ manuscript, copied by Ibn al-Ṭallāʿ, dated 595 AH.

Image 2: Kingdom of Morocco National Library, MS No. J787, Folio 1: Excerpt of manuscript of the Muwaṭṭaʾ, copied by Ibn al-Ṭallāʿ, dated 595 AH.

Image 3: Kingdom of Morocco National Library, MS No. D2911, Folio 1: Excerpt of manuscript of the Muwaṭṭaʾ, copied by Ibn al-Labbād, dated 613 AH.

This source is part of the Online Companion to the print edition al-Muwaṭṭaʾ, the Royal Moroccan Edition: The Recension of Yaḥyā Ibn Yaḥyā al-Laythī(Harvard Series in Islamic Law), edited and translated by Mohammad Fadel and Connell Monette (PIL/HUP, 2019).

The Muwaṭṭaʾ is the first extant treatise on Islamic law, written by the eighth-century Medinan jurist Mālik b. Anas (d. 179/795). It provides an unparalleled window into the life of the early Muslim community of Medina—where the Prophet Muḥammad lived and died after immigrating from Mecca—as well as the rituals, laws, and customs that its members upheld years after his death. Harvard’s Program in Islamic Law, in conjunction with Harvard University Press, published an English translation of the Muwaṭṭaʾ in 2019, edited and translated by Professors Mohammad Fadel and Connell Monette. This translation is based on the recently published critical edition of the Muwaṭṭaʾ, The Royal Moroccan Edition (Rabat: Ministry of Endowments, 2013). With its extensive notes, the English edition is intended to make this important early legal text widely accessible to a broad spectrum of readers, including those interested in both legal history and Islamic Studies. This Online Companion to the Muwaṭṭaʾ makes the full texts of both the original Arabic edition and its English translation freely available online. We gratefully acknowledge the Moroccan Ministry of Endowments and Islamic Affairs for permissions to make the full Arabic text available online.

This source is part of the Online Companion to the print edition al-Muwaṭṭaʾ, the Royal Moroccan Edition: The Recension of Yaḥyā Ibn Yaḥyā al-Laythī (Harvard Series in Islamic Law), edited and translated by Mohammad Fadel and Connell Monette (PIL/HUP, 2019).

The Arabic text has been provided in 15 parts, of which this is the sixth.

This document outlines the policies and procedures necessary for the establishment of Sharia-compliant credit unions, or Islamic Investment and Finance Cooperatives (IIFCs). It is tailored especially to the needs of IIFCs in developing markets, and based on the experience of World Council Credit Union officials in Afghanistan. It has thirteen chapters: (1) Membership Policies and Procedures; (2) Shares and Savings Mobilization; (3) Islamic Compliant Financing; (4) Collections; (5) Provisions and Allowances for Bad Debt; (6) Assets and Liability Management; (7) Capitalization and Capital Adequacy; (8) Accounting; (9) Cash Operations; (10) Internal Controls; (11) Human Resources; (12) Procurement; (13) Information Technology and Security.

In his treatise on Shāfiʿī law titled al-Muḥarrar, Rāfiʿī seeks to restate Shāfiʿī rulings in summary form. In this excerpt, he reviews and summarizes the opinions that he presented in his earlier work al-ʿAzīz (a commentary on Ghazālī’s legal treatise)on the issue of translation in early Islamic courts and presents a brief outline of requirements that must be met for a court translator to be acceptable: impartiality, independence, and observance of religious constraints (taklīf) and of regulations concerning the number of witnesses (ʿadad). In his chapter in Justice and Leadership in Early Islamic Courts, Mahmood Kooria uses this text, alongside Rāfiʿī’s ʿAzīz, to demonstrate a break in the Shāfiʿī conception of the status of non-Arabic speakers and translation in judicial proceedings, especially among Shāfiʿīs hailing from Persia.

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 sources and other material used in and related to the book.

In his collection of biographies of judges and governors in the early Islamic empire, the historian Kindī (d. 350/961) provides a history of qāḍīappointments in Egypt. His entry for Isḥāq b. al-Furāt contains several anecdotes, one of which indicates that Isḥāq was the first non-Arab of mawlābackground (tribal client or associate) to be appointed to the position of qāḍī; the appointment took place in 184/800. Kindī’s accounts suggest that in spite of his foreign status, Isḥāq was well regarded by his contemporaries, who recommended him for the position because of his astute scholarship of Islamic law and his mastery of the Arabic language. Moreover, he was deemed one of the most important associates of Mālik b. Anas, the founder of one of the four principal Sunnī schools of law. In his chapter in Justice and Leadership in Early Islamic Courts, Mahmood Kooria uses this source to demonstrate the growing presence of non-Arab qāḍīs in early second/ninth-century Egypt. Nonetheless, the language spoken and used by these mawālī was Arabic, minimizing translation challenges within a Arab-dominated judicial system.

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 sources and other material used in and related to the book.

In this passage from his literary collection, Kūfī recounts an anecdote in which a translator comes to the rescue of a prison warden about to be executed. In the anecdote, the Muslim commander Muḥammad b. Qāsim has traveled to Daybul to save a few Muslim prisoners who had been captured by robbers. Upon breaking into the temple and rescuing the prisoners, Ibn Qāsim commands that the prison warden, Qubla, be brought before him and executed. However, Qubla pleads with Ibn Qāsim to spare his life on account of the kindness he has shown toward the prisoners. Ibn Qāsim verifies Qubla’s claim by employing a translator to inquire with the prisoners about their treatment. The translator conveys the prisoners’ affirmation of Qubla’s kind treatment of them. Ibn Qāsim consequently decides to spare Qubla’s life. In his chapter in Justice and Leadership in Early Islamic Courts, Mahmood Kooria uses this anecdote to show the critical role of translatorsin ensuring that justice was served and to illustrate the trust that that the Muslims of South Asia placed in the capacity of Islamic rulers to mediate between local and foreign languages in the seventh/thirteenth century. Notably, the text appeared after the second or third attack waged by Muslim rulers on the South Asian regions in which they subsequently established dominance.

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 sources and other material used in and related to the book.

This excerpt from Ibn Muqaffaʿ’s Kalila wa-Dimnaprovides insight into his approach to the issue of translation in early Islamic courts. One subplot of the text’s narrative emphasizes the centrality and sensitivity of the role of the translator given his capacity to impact the fate of the accused. In the case at hand, a falconer surreptitiously plants false testimony in his parrots about his master’s wife’s infidelity in revenge for her refusal of his sexual advances. The master hears the parrots chirping the false testimony but fails to understand their meaning because they chirp in a foreign tongue. When he summons his guests to translate the content of the parrots’ song and understands its libelous content he becomes furious, calling the falconer before him and demanding that he, too, translate the parrots’ song. As soon as the falconer does so, a hawk gouges his eyes out as punishment for the false testimony.

In his chapter in Justice and Leadership in Early Islamic Courts, Mahmood Kooria analyzes this fable as a representation of the figures in a courtroom: the wife is theaccused; the nobleman is the inquisitorial judge; the parrots are “foreign” plaintiffs with an accusation; the friends are translators; and the falconer is a witness—who later becomes the culprit. In the anecdote, the role of the translator is more that of a mediator than that of a witness. Kooria points out that this depiction of the translator’s role accords with Juwaynī’s argument in his Nihāyat al-maṭlab fī dirāyat al-madhhab.

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 sources and other material used in and related to the book.

In his commentary on the legal treatise of his teacher Shāfiʿī, Muzanī (d. 264/878) appears to uphold his teacher’s cautious stance on allowing translation in the courtroom. Following Shāfiʿī verbatim, Muzanī warns of the dangers of litigation in a foreign language and asserts the need for two trustworthy individuals to serve as both translators and witnesses in any case involving a litigant speaking a foreign tongue. In his chapter in Justice and Leadership in Early Islamic Courts, Mahmood Kooria uses the example of Muzanī to show that Shāfiʿī’s opinion on translation and litigation in a foreign language went almost unchallenged throughout the ninth and tenth centuries.

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 sources and other material used in and related to the book.

In this excerpt from his legal treatise, Shāfiʿī (d. 204/820) argues that if a qāḍīis approached by a foreigner (ʿajamī) speaking a foreign tongue, he must employ two trustworthy witnesses familiar with the foreigner’s language in order to adjudicate the case. In his chapter in Justice and Leadership in Early Islamic Courts, Mahmood Kooria points out that with this prescription, the translator assumes a central role, almost taking the part of a witness. Taken as a whole, Shāfiʿī’s argument highlights the dangers of litigation in a foreign language.

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 sources and other material used in and related to the book.

Thomas North’s English translation of Kalila wa-Dimnasuggests that the language from which the falconer translated the false testimony he taught his parrots may have been “Indian.” In his chapter in Justice and Leadership in Early Islamic Courts, Mahmood Kooria draws on this and other treatments of the falconer story in Kalīla wa-Dimnato emphasize the crucial role of translation in testimony within the judicial procedures of the Islamic court and to explore the issue of how translation was perceived in the courtroom.

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 sources and other material used in and related to the book.

In this excerpt from his treatise on judicial practice, the Shāfiʿī jurist Abū al-Ḥasan al-Māwardī (d. 450/1058) addresses about twenty-five legal issues pertaining to the role of translation and translators in Muslim courts. He then subdivides these issues into four major categories, namely:(1) the legal status of translation, where he investigates the question whether translation should be considered testimony (shahāda) or a simple report (khabar) and outlines the divergence between Shāfiʿī and Abū Ḥanīfa on the subject; (2) the status of the translator as the father or son of the litigant or as a woman; (3) the identity of one litigant as a foreigner; and (4) the identity of both litigants as foreigners. Māwardī then derives the eligibility requirements for translators in court from the eligibility requirements for witnesses, implying similarity between the two roles. Māwardī thus concludes that the fathers and sons of litigants may not act as translators in court. Likewise, women’s translation may be used only in monetary lawsuits (iqrār bi-l-amwāl), in which they must also be accompanied by the translation of another woman and a man. Women may not serve as translators in marriage-related cases (iqrār al-ḥudūd wa-l-manākiḥ), with the exception of cases concerning adultery, in which a woman may serve alongside at least three other translators. In his chapter in Justice and Leadership in Early Islamic Courts, Mahmood Kooria uses this passage to point to a shift in the Shāfiʿī view on the status of translators and testimony, with Mawārdī expanding the Shāfiʿī treatment of this topic considerably.

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 sources and other material used in and related to the book.

In his treatise on Shāfiʿī law, Nawawī (d. 676/1277) reaffirms the views of his predecessors Ghazālī andRāfiʿī on translation in early Islamic courts. This excerpt from Nawawī’s treatise focuses on judicial practice more broadly, providing a series of recommendations for the qāḍīfor specific situations, such as when he is appointing a secretary (kātib); the secretary must be Muslim, impartial, acquainted with official reports and records, equipped with clear handwriting, and a qualified translator. In his chapter in Justice and Leadership in Early Islamic Courts, Mahmood Kooria uses the example of Nawawī to show that the shift in the Shāfiʿī stance regarding the status of translation and non-Arabic speakers in judicial proceedings that was inaugurated by Persian Shāfiʿī’s became an accepted view in the influential work of the Damascene Nawawī in the seventh/thirteenth century.

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 sources and other material used in and related to the book.

In these excerpts from the seventh/thirteenth-century literary collection, author ʿAlī b. Ḥāmid b. Abī Bakr al-Kūfī details the process of translating the book from Arabic into Persian(zabān-i Pahlawī) or the “language of the people of the ʿAjam” (lugha-yi ahl-i ʿajam). Kūfī contends that the translation was critical to making the text accessible to “the people of Fārs or other non-Arab countries.” In his chapter on translation and identity in early Islamic courts in Justice and Leadership in Early Islamic Courts, Mahmood Kooria points to these and other excerpts to suggest that the use of translation to ensure that justice and wisdom prevail plays a prominent role in Kūfī’s text.

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 sources and other material used in and related to the book.

In these excerpts, Baghawī provides interpretations of two Quranic verses pertaining to the heavenly court on the Day of Resurrection. Commenting on Q. 39:69 (“The earth will shine with the light of its Lord. . . .”), Baghawī presents reports explaining that God will manifest Himself (yatajallā) and illuminate the “open grounds of resurrection” (ʿaraṣāt al-qiyāma) with His light. Regarding the expression fī ẓulalin min al-ghamāmin Q. 2:210 (“God will come to them in canopies of clouds [fī ẓulalin min al-ghamām]”), Baghawī writes that God is in fact “shrouded in clouds, in ‘something like white fog’ (ka-hayʾat al-ḍabāb, abyaḍ).” He insists that the ẓulalimplied here connotes “canopies” or “awnings,” not “shrouds” or “shadows.” In his chapter comparing earthly justice with heavenly justice in the early Islamic imagination in Justice and Leadership in Early Islamic Courts, Christian Lange uses this source to highlight medieval exegetes’ efforts to avoid anthropomorphic interpretations of the Quran by reading verses in abstract terms.

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 work of Quranic exegesis, Baghawī claims, on the authority of Saʿīd b. al-Musayyab and Ḍaḥḥāk, that God’s epithet al-muhayminis interpreted by some to mean “the judge” (al-qāḍī), and he reports that some even consider al-qāḍīone of the beautiful names of God. In his chapter comparing earthly justice with heavenly justice in the early Islamic imagination in Justice and Leadership in Early Islamic Courts, Christian Lange uses this source to argue that although God is not referred to as qāḍīin the Quran, medieval exegetes regularly identified Him as such in their exegetical works. Lange notes, however, that the inclusion of al-qāḍīamong the divine names did not become standard.

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 text,Aḥmad b. Yaḥyā al-Balādhurīprovides an earlier account of the anecdote recorded in Kūfī’sFatḥnāma-i Sind aboutIbn Qāsim’s military expedition toDaybul to save Muslim prisoners. A translator figures prominently in the story, intervening to spare the life of the prison warden by translating accounts from the Muslim prisoners attesting to his kindness toward them. In his chapter in Justice and Leadership in Early Islamic Courts, Mahmood Kooria cites this text as an additional source on the anecdote showcasing the important role of translators.

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 sources and other material used in and related to the book.

In this excerpt from his chronicle, Ibn al-Jawzī relates an incident in 530/1135–6 in which a woman was publicly immolated in the central mosque. In his chapter comparing earthly justice with heavenly justice in the early Islamic imagination in Justice and Leadership in Early Islamic Courts, Christian Lange cites this example of punitive burning to make the point that judges viewed their own function in adjudication along lines similar to divine judgment: in spite of the circulation of ḥadīths such as “Only the Lord of Fire punishes with fire,” rulers and judges had no qualms about burning criminals.

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, Thaʿlabī claims, on the authority of Saʿīd b. al-Musayyab, that God’s epithet al-muhayminis interpreted by some to mean “the judge” (al-qāḍī); some even consider al-qāḍīone of the beautiful names of God. In his chapter comparing earthly justice with heavenly justice in the early Islamic imagination in Justice and Leadership in Early Islamic Courts, Christian Lange uses this source, among others, to argue that although God is not referred to as qāḍīin the Quran, medieval exegetes regularly identified Him as such in their exegetical works. Lange notes, however, that the inclusion of al-qāḍīamong the divine names did not become standard.

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, Māwardī, commenting on Q. 50:21 (“Every soul shall come, and with it a driver [sāʾiq] and a witness [shahīd]”), relates a report from Ḍaḥḥāk that explains the sāʾiqas God’s command. As for shahīd, Māwardī addresses the thorny question whether God, being all-knowing, should need witnesses by proposing two interpretations. First, he suggests that the witness (shahīd)is the resurrected themselves; second, he states that the sinner’s own hands and feet are the witnesses that testify against their owner. In his chapter comparing earthly justice with heavenly justice in the early Islamic imagination in Justice and Leadership in Early Islamic Courts, Christian Lange uses this source to highlight medieval exegetes’ efforts to avoid anthropomorphic interpretations of the Quran by reading verses in abstract terms.

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 biographical dictionary of Egyptian judges, Ibn Ḥajar al-ʿAsqalānī notes that Ibn Jabr, a fourth/tenth-century Egyptian judge, used to hold court on street corners by simply laying out a carpet and forming a gathering around it. In his chapter comparing earthly justice with heavenly justice in the early Islamic imagination in Justice and Leadership in Early Islamic Courts, Christian Lange uses this example to call attention to the indeterminate nature of the spatial organization of the judge’s court in the early centuries of Islam. He further notes that not much can be gleaned from the sources about the places in which the early judges held court.

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 biographical dictionary of Egyptian judges, Kindī mentions a scribe (kātib) in describing an event that took place in the year 105–6/724. In his chapter comparing earthly justice with heavenly justice in the early Islamic imagination in Justice and Leadership in Early Islamic Courts, Christian Lange uses this report in the context of a discussion of Q. 50:21 (“Every soul shall come, and with it a driver [sāʾiq] and a witness [shahīd]”). He reports that the term sāʾiqwas interpreted by some as kātib, and he points out that Kindī’s account shows that the kātibwas already an established functionary of the court by the end of the first century of Islam.

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 these excerpts, the exegete Thaʿlabī provides interpretations of several Quranic verses pertaining to the heavenly court on the Day of Resurrection. In his commentary on Q. 39:69 (“The earth will shine with the light of its Lord. . . .”), Thaʿlabī presents reports explaining that God will manifest Himself (yatajallā) and illuminate the “open grounds of resurrection” (ʿaraṣāt al-qiyāma) with His light. In explaining Q. 2:210 (“God will come to them in canopies of clouds [fī ẓulalin min al-ghamām]”), Thaʿlabī cites al-Ḥasan al-Baṣrī’s view that God is “inside a cover (fī sutra) of clouds, so that the people of the earth do not look at Him.” As for the expression “God will come to them,” Thaʿlabī notes that God’s “coming” (ityān)refers to “recompense” (al-jazāʾ). Recompense is referred to as “coming” just as how “frightening” (takhwīf) and “punishment” (taʿdhīb) are also referred to as “coming” in the story of Nimrod in Q. 16:26 (“Then God came upon their building from the foundations, and the roof fell down upon them from above, and the punishment came upon them when they were not aware”). In his chapter comparing earthly justice with heavenly justice in the early Islamic imagination in Justice and Leadership in Early Islamic Courts, Christian Lange uses these reports to illustrate Muslim exegetes’ conceptions of the heavenly court and the ways in which they sought to explain away potentially anthropomorphic imagery in the Quran.

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 book on the Day of Resurrection, Muḥāsibī describes the scene that will take place on the day itself: the angels surround the judgment scene in rows and the hell-monster Jahannam is seated at the left foot of God’s throne. The Prophet Muḥammad will also be present on the Day of Judgment, interceding for his community. In his chapter comparing earthly justice with heavenly justice in the early Islamic imagination in Justice and Leadership in Early Islamic Courts, Christian Lange uses this source to highlight parallels between exegetes’ depiction of the heavenly court and the features of earthly courtrooms. He notes that the placement of Jahannam corresponds to the usual position of the executioner on the left of the ruler’s throne in medieval representations of the royal court.

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 book of admonitions, Qurṭubī deploys a Prophetic ḥadīth, “This is not a reckoning, it’s a [simple] exposure (ʿarḍ),” to explain Q. 84:7–9 (“As for one who is given his book in his right hand, he will be reckoned with an easy reckoning and will return to his people joyful”). In his chapter comparing earthly justice with heavenly justice in the early Islamic imagination in Justice and Leadership in Early Islamic Courts, Christian Lange uses this source to highlight the ways in which medieval exegetes sought to avoid anthropomorphic interpretations of the Quran. He also points to Qurṭubī’s efforts to alleviate the concern that even true believers will undergo a reckoning (ḥisāb) as indicated inQ. 84:7–9 by arguing that it is only enemies of God who attempt to engage in disputation (jidāl) in order to evade divine judgment.

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 book of admonitions, Samarqandī relates the order in which the angels descend to earth: those of the lowest heaven surround the earth, followed by those of each successive heaven, “until there are seven rows (ṣufūf) of angels, enclosing one another in their midst (baʿḍuhum fī jawf baʿḍ).” In his chapter comparing earthly justice with heavenly justice in the early Islamic imagination in Justice and Leadership in Early Islamic Courts, Christian Lange draws on this source to discuss medieval Muslims’ conceptions of the spatial organization of the heavenly court on the Day of Judgment.

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 book of admonitions, Qurṭubī describes four possible occurrences on the “Day of Meeting” (yawm al-talāqī), one of which is a meeting of humankind with their Creator (al-bāriʾ) at the “open grounds of resurrection” (ʿaraṣāt al-qiyāma) and in Paradise (al-janna). In his chapter comparing earthly justice with heavenly justice in the early Islamic imagination in Justice and Leadership in Early Islamic Courts, Christian Lange uses this source to illustrate Muslim conceptions of the Day of Resurrection.

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 these excerpts, the exegete Ṭabarī provides interpretations of several Qurʾānic verses related to the heavenly court on the Day of Resurrection. Commenting on Q. 2:210 (“God will come to them in canopies of clouds”), Ṭabarī cites an opinion from Ibn ʿAbbās comparing clouds to arches (ṭāqāt) and noting that God is in them while being surrounded by angels. He also adduces a report from al-Ḍaḥḥāk, who comments on Q. 69:19 (“The angels will be on its borders and above them eight will carry the throne of your lord”) by detailing how God, the angels, and the hell-monster Jahannam will descend to earth on the Day of Judgment. Further elaborating on what exactly is meant by the expression “God comes to them” in Q. 2:210, Ṭabarī provides four interpretations. The first states that this expression should be understood exactly as God uttered it. The second holds that the expression should not be understood as God moving from one place to another. The third indicates that the expression should be taken to mean that God’s command (amr) comes to the resurrected, just as, when people say, “We are afraid that the Umayyads will come to us,” they actually mean that the Umayyads’ command or judgment (ḥukm) will apply to them. The fourth interpretation explains that it is in fact God’s reward (thawāb), reckoning (ḥisāb), and punishment (ʿadhāb)that will come to the resurrected. In his chapter comparing earthly justice with heavenly justice in the early Islamic imagination in Justice and Leadership in Early Islamic Courts, Christian Lange uses Ṭabarī’s statements to highlight the fact that most commentators avoid interpreting verses such as Q. 2:210 in an anthropomorphic manner.

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, commenting on Q. 50:17–18 (“When the two Receivers [al-mutalaqqiyān] receive him . . .”), Thaʿlabī provides details about these two receiver-angels. He presents reports according to which the angel on the right records good deeds, whereas the one on the left records evil deeds. The one on the right is superior to the one on the left. Whenever an evil deed is about to be recorded, the angel on the right often tells the other to wait to see if the person is forgiven. Thaʿlabī relates a ḥadīthon the authority of Abū Umāma saying that whenever the right-hand angel sees a person doing a good deed he records it ten times; 

whenever he sees a bad deed committed he tells the left angel to desist from recording it for seven hours in case the person makes a supplication to God and is forgiven. According to Thaʿlabī, on the Day of Judgment, God consults the scrolls written by these two angels and decides what judgment to render. Thaʿlabī cites a Prophetic ḥadīthon the authority of Abū Hurayra and Anas Mālik, “[The two angels] submit what they have recorded to God. Then He consults [the scrolls]. If He finds a good deed recorded at the beginning and at the end of the scroll, He tells His angels, ‘Bear witness that I have forgiven what My servant has committed in between the beginning and end of this scroll.’” In his chapter comparing earthly justice with heavenly justice in the early Islamic imagination in Justice and Leadership in Early Islamic Courts, Christian Lange draws on this source to elucidate the procedures of the heavenly court as imagined by exegetes, highlighting God’s use of written evidence. 

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 book of admonitions, Samarqandī details what will happen when divine judgment takes place: the resurrected will face God, who will ask them about what they did “letter by letter” (ḥarfan ḥarfan). In addition, Samarqandī provides several other names for the Day of Resurrection, including “the Day of Discussion” (yawm al-munāqasha), “the Day of Reckoning” (yawm al-muḥāsaba), and “the Day of Interrogation” (yawm al-musāʾala). In his chapter comparing earthly justice with heavenly justice in the early Islamic imagination in Justice and Leadership in Early Islamic Courts, Christian Lange uses this source to draw parallels between judicial procedures in the heavenly court and those in the earthly court, pointing to Samarqandī’s description of various forms of verbal interaction between God and the resurrected. Samarqandī also presents a tradition in which God says to the resurrected that He has given them advice, so if they see good actions recorded in their registers they should praise God; if they find something else, they have no one to blame but themselves. On the basis of these passages, Lange argues that God’s judgment relies on the consultation of written evidence. He notes, however, that the full admission of written evidence by jurists in earthly courts was a later development in Islamic history.

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 these excerpts, Ṭabarī comments on the kinds of “exposures” or “showings” (ʿaraḍāt) that are implied inQ. 69:18 (“On that day you will be exposed; no secret of yours will be concealed”) by presenting the opinions of Ibn Masʿūd, al-Ḥasan al-Baṣrī, and al-Ḍaḥḥāk. These opinions include terms such as disputation (jidāl), excuses (maʿādhīr), arguments (khuṣūmāt), and the flying of scrolls (taṭāyur al-ṣuḥuf). In his chapter comparing earthly justice with heavenly justice in the early Islamic imagination in Justice and Leadership in Early Islamic Courts, Christian Lange draws parallels between these procedures of heavenly judgment and those encountered in earthly courtrooms to argue that exegetes imagined the heavenly courtroom along lines similar to its earthly counterpart. But there were differences as well. Regarding the procedure for witness testimony as mentioned in Q. 82:11 (“Over you are guardians, noble, recording [kātibīna]”), Ṭabarī explains that these guardians record what humans say and intend. Ṭabarī’s explanation thus distinguishes heavenly judgment from earthly judgment, in which intentions are not taken into account. Lange also argues that exegetes such as Ṭabarī made sure to avoid anthropomorphic interpretations of the verses. For instance, Ṭabarī deploys a Prophetic ḥadīth, “This is not a reckoning, it’s a [simple] exposure (ʿarḍ),” to avoid interpreting Q. 84:7–9 (“As for one who is given his book in his right hand, he will be reckoned with an easy reckoning and will return to his people joyful”) in anthropomorphic terms.

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, Ṭabarī comments on the meaning of Q. 50:21, “Every soul shall come, and with it a driver (sāʾiq) and a witness (shahīd).” Ṭabarī adduces reports on the authority of Qatāda and Mujāhid specifying what the “driver” (sāʾiq) is. For Qatāda, the sāʾiqis one who drives people to their reckoning (ḥisāb), whereas Mujāhid identifies the sāʾiqas a scribe (kātib). In his chapter comparing earthly justice with heavenly justice in the early Islamic imagination in Justice and Leadership in Early Islamic Courts, Christian Lange uses these reports to highlight parallels between the functionaries of the heavenly court and those found in earthly courtrooms, noting that Qatāda’s interpretation of sāʾiq brings to mind a court sheriff (jilwāz) who coerces recalcitrant litigants to appear before a judge, while Mujāhid’s scribe was an established functionary of the court by the end of the first century of Islam. Nevertheless, there were also more abstract presentations that aimed to avoid interpreting the verse in anthropomorphic terms. Ṭabarī provides an alternative report on the authority of Mujāhid that claims that the people are actually “driven” to God’s command (amr).

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.

This passage from the beginning of Māwardī’s Tashīl al-naẓar wa- taʿjīl al-ẓafar (“The Facilitation of Reflection and the Hastening of Victory”), a work on statecraft and governance, conveys  a notion of justice that prioritizes moderation, balance, and harmony. Māwardī draws a connection between the sharīʿaand the codes of conduct of past civilizations. In her analysis of Islamic mirrors-for-princes literature on judging in Justice and Leadership in Early Islamic Courts, Louise Marlow uses this passage to argue that Māwardī paid great attention to ancient wisdom when writing about the principles of rulership. The text demonstrates Māwardī’s acknowledgment that the political experiences of the past, diverse as they might be, do coincide with the sharīʿa.

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 passage from his work on statecraft, Māwardī discusses judges (quḍāt)and magistrates (ḥukkām). He describes how the ruler delegates the authority of judgment to judges and magistrates, who represent the scales of justice (al-mawāzīn al-qisṭ, alluding to Q. 21:47, “We shall set the scales of justice for the Day of Resurrection, and no soul shall be wronged in aught”). These appointees are to fulfill the rightful claims of weak claimants and to rectify the injustices suffered by the oppressed. However, judges and magistrates with poor morals have the potential to undermine the ruler’s authority and to destroy religion, and their appointments reflect poorly on the ruler. Judges should thus be chosen only on the basis of sound qualities, including a positive demeanor, trustworthiness, patience, restraint, and a lack of greed. Justices should also be learned and have memorized central texts of the Muslim legal tradition. The selection and performance of judges are of paramount importance for Māwardī, as illustrated by his citation of a report concerning the judge of the ʿAbbasid caliph al-Maʾmūn. In the report, the judge counsels al-Maʾmūn against imposing taxes on the sawādlands of Iraq. The caliph heeds the judge’s advice and averts fiscal harm. In her analysis of Islamic mirrors-for-princes literature on judging in Justice and Leadership in Early Islamic Courts, Louise Marlow cites these passages to demonstrate the emphasis that Māwardī places on the ruler’s task of appointing just judges.

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 mirror for princes, the fifth/eleventh-century Seljuq vizier Niẓām al-Mulk records that. Ismāʿīl b. Aḥmad would ride his horse to the main square of Bukhārā to hold court even “when the cold was severe and snow was falling heavily.”  In her analysis of Islamic mirrors-for-princes literature on judging in Justice and Leadership in Early Islamic Courts, Louise Marlow uses this source to argue that in addition to their dedication to religious knowledge, the Sāmānid amīrs were well known for their commitment to the redress of grievances (maẓālim).

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, the historian Narshakhī describes Aḥmad (I) b. Asad, the Sāmānid governor of Samarqand, as a learned and pious ruler. In her analysis of Islamic mirrors-for-princes literature on judging in Justice and Leadership in Early Islamic Courts, Louise Marlow uses the examples of the learned and pious Sāmānid and Ṭāhirid rulers to supply context for Pseudo-Māwardī’s stress on the need for the ruler to cultivate religious 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, the historian Ibn al-Athīr describes Aḥmad (I) b. Asad, the Sāmānid governor of Samarqand, as a learned and pious ruler. In her analysis of Islamic mirrors-for-princes literature on judging in Justice and Leadership in Early Islamic Courts, Louise Marlow uses the examples of the learned and pious Sāmānid and Ṭāhirid rulers to supply context for Pseudo-Māwardī’s stress on the need for the ruler to cultivate religious 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.

These excerpts from Ibn al-Nadīm’sindex of Arabic books list two books that the Sāmānid prince Ismāʿīl, who was described as learned and pious, committed to memory shortly after beginning his education in adab: Ibn Qutayba’s Adab al-kātiband Abū ʿUbayd’s Gharīb al-ḥadīth. In her analysis of Islamic mirrors-for-princes literature on judging in Justice and Leadership in Early Islamic Courts, Louise Marlow points to Ismāʿīl as an example of a “semiprofessional” religious scholar.

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 biographical dictionary of notable individuals, Ibn Khallikān mentions the example of the fourth Rightly Guided Caliph, ʿAlī b. Abī Ṭālib, who consulted his judge Shurayḥ b. al-Ḥārith b. Qays al-Kindī and adhered to Shurayḥ’s ruling. In her analysis of Islamic mirrors-for-princes literature on judging in Justice and Leadership in Early Islamic Courts, Louise Marlow cites this report as an example of a model ruler who was willing to defer to the judgments of others even in disputes involving himself.

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 biographical dictionary of the religious scholars of Samarqand, the sixth/twelfth-century scholar Nasafī mentions the ḥadīthactivity of Aḥmad b. Asad’s sons, claiming that at least four of them transmitted ḥadīths, some from their father. One of the latter ḥadīthfeatures the Prophet Muḥammad saying, “When a man dies, his deeds come to an end, except for three: knowledge by which people benefit, continuous charity [in his name], and a righteous son who prays for him.” Nasafī also cites an anecdote concerning Aḥmad b. Asad’s son Naṣr, who was able to verify a waqf document and implement it in the correct manner. In her analysis of Islamic mirrors-for-princes literature on judging in Justice and Leadership in Early Islamic Courts, Louise Marlow uses this example to identify the types of legal issues in which a ruler might find it necessary to intervene using his religious 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.

This excerpt from Ibn Qutayba’s encyclopedic work Kitāb ʿUyūn al-akhbārquotes the correspondence of the second Rightly Guided Caliph, ʿUmar b. al-Khaṭṭāb, with his governor Abū Mūsā al-Ashʿarī. Among other duties, ʿUmar urges Abū Mūsā to deal equitably with men and to employ his own understanding (fahm) to resolve uncertainties in matters that are not addressed in the Quran or the Sunna. In her analysis of Islamic mirrors-for-princes literature on judging in Justice and Leadership in Early Islamic Courts, Louise Marlow refers to this report as an example of a model appointment by a past caliph.

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.

This passage from the beginning of Māwardī’s Tashīl al-naẓar wa- taʿjīl al-ẓafar (“The Facilitation of Reflection and the Hastening of Victory”), a work on statecraft and governance, conveys  a notion of justice that prioritizes moderation, balance, and harmony. Māwardī draws a connection between the sharīʿaand the codes of conduct of past civilizations. In her analysis of Islamic mirrors-for-princes literature on judging in Justice and Leadership in Early Islamic Courts, Louise Marlow uses this passage to argue that Māwardī paid great attention to ancient wisdom when writing about the principles of rulership. The text demonstrates Māwardī’s acknowledgment that the political experiences of the past, diverse as they might be, do coincide with the sharīʿa.

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, Jāḥiẓ quotes a letter from the second Rightly Guided Caliph, ʿUmar b. al-Khaṭṭāb, to the first Umayyad caliph, Muʿāwiya, who was at the time governor of Damascus, advising him regarding his obligations when judging between men. In her analysis of Islamic mirrors-for-princes literature on judging in Justice and Leadership in Early Islamic Courts, Louise Marlow uses ʿUmar’s example to discuss judicial appointments by caliphs.

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 the first excerpt from the jurist Māwardī’s al-Aḥkām al-sulṭāniyya, a treatise that explicates the functions, rights, and duties of various governmental offices in a juridical manner, the author states that he composed the work to make the ruler to whom it is addressed and “to whom obedience is incumbent” aware of the different juridical opinions regarding his rights and duties. In the second passage, Māwardī lists ten duties of the ruler. In her analysis of Islamic mirrors-for-princes literature on judging in Justice and Leadership in Early Islamic Courts, Louise Marlow refers to the first passage to introduce Māwardī’s work and to the second to point out its overlap with the ten duties listed in Māwardī’s treatise on statecraft titled Tashīl al-naẓar wa-taʿjīl al-ẓafar.

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 passage from his book of ethics, Māwardī writes of his knowledge of laws pertaining to sales (buyūʿ) andreports an incident in which he possibly resolved an issue in this area of law [though Marlow reads this incident to show that he is humbled by his inability to answer a legal question]. Regardless of a particular judge’s knowledge of the laws, in her analysis of Islamic mirrors-for-princes literature on judging in Justice and Leadership in Early Islamic Courts, Louise Marlow cites this passage to illustrate the importance of correct adjudication for Māwardī and the high standard to which he held judges, including himself.

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 work on judgeship, Māwardī emphasizes the necessity of the ruler’s careful selection and supervision of judges. In her analysis of Islamic mirrors-for-princes literature on judging in Justice and Leadership in Early Islamic Courts, Louise Marlow cites this passage as evidence of the importance of judicial appointments for Māwardī.

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 these passages from the first part of his work on statecraft, Māwardī addresses the moral dispositions of the king (akhlāq al-malik), distinguishing between two kinds of dispositions: innate dispositions (akhlāq al-dhāt) and actions rooted in volition (afʿāl al-irāda). In discussing tvirtues (faḍāʾil),Māwardī differentiates between virtues that represent beginnings and those that represent ends. He presents rational intellect (ʿaql) as the first of all virtues, since other virtues arise from it and are ordered or conceptualized by it. Justice (ʿadl) appears as the last of the virtues, since it is a product of them all. All other virtues fall somewhere between intellect and justice, with intellect ordering them and justice evaluating them. Next, Māwardī presents the four foundations of a virtuous disposition: discernment (tamyīz), courage (najda), temperance (ʿiffa), and justice (ʿadl). All other virtues, he says, are derived from them. Māwardī also explores the roots of vices (radhāʾil), which, he claims, begin with foolishness (ḥumq)and end with ignorance (jahl). Rather like Aristotle, Māwardī explains that each virtue lies midway between two vices, which might be visualized as extremities. Furthermore, different virtues might be joined together to generate other admirable virtues. For example, intellect combined with courage yields patience in adversity and loyalty in commitments. In her analysis of Islamic mirrors-for-princes literature on judging in Justice and Leadership in Early Islamic Courts, Louise Marlow cites these passages to elucidate Māwardī’s theory of just kingship.

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 these passages from the second section of his work on statecraft, Māwardī focuses on the application of the virtues in governance. To begin with, Māwardī opines that a ruler’s subjects are unable to defend themselves without the authority of the ruler, nor are they able to deal with each other justly and equitably without his kindness. He then lists ten expectations that subjects have of their ruler, which cover ensuring individual physical security and property rights; exercising justice and adjudicating disputes; encouraging the subjects to follow the religious law in the social and ritual spheres; enforcing a criminal code; protecting public infrastructure and natural resources; and, finally, stratifying society according to appropriate social and political classes. If the ruler fulfills these duties, Māwardī argues, his subjects will obey him and the wellbeing of the kingdom will be secure. To ensure justice, the ruler must safeguard religion and carefully select qualified assistants. Moreover, just governance depends on the four foundational principles of hope, fear, equity, and the rectification of inequity.In her analysis of Islamic mirrors-for-princes literature on judging in Justice and Leadership in Early Islamic Courts, Louise Marlow cites these passages to elucidate Māwardī’s theory of virtuous governance. 

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 history, the ninth/fifteenth-century Persian historian Mīrkhwānd reports that the Sāmānid prince Ismāʿīl b. Aḥmad was renowned for rendering justice personally. In her analysis of Islamic mirrors-for-princes literature on judging in Justice and Leadership in Early Islamic Courts, Louise Marlow uses this source to argue that in addition to their dedication to religious knowledge, the Sāmānid amīrs were well known for their commitment to the redress of grievances (maẓālim).

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.

The sixth/twelfth-century scholar Samʿānī devotes a section of his biographical dictionary of traditionists to the Sāmānids. He writes of Aḥmad b. Asad’s hearing of ḥadīth from prominent traditionists and also of his sons’ relating ḥadīth from him. According to Samʿānī, the ḥadīths transmitted by these princes usually touched on topics such as raiding at the frontier (ghazw), justice, and respect for scholars, all of which are common themes in the genre of mirrors for princes. In her analysis of Islamic mirrors-for-princes literature on judging in Justice and Leadership in Early Islamic Courts, Louise Marlow refers to these learned Sāmānids as examples of a “semiprofessional” group of religious scholars.

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 mirror for princes, the fifth/eleventh-century Seljuq vizier Niẓām al-Mulk records that. Ismāʿīl b. Aḥmad would ride his horse to the main square of Bukhārā to hold court even “when the cold was severe and snow was falling heavily.”  In her analysis of Islamic mirrors-for-princes literature on judging in Justice and Leadership in Early Islamic Courts, Louise Marlow uses this source to argue that in addition to their dedication to religious knowledge, the Sāmānid amīrs were well known for their commitment to the redress of grievances (maẓālim).

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, the historian Narshakhī describes Aḥmad (I) b. Asad, the Sāmānid governor of Samarqand, as a learned and pious ruler. In her analysis of Islamic mirrors-for-princes literature on judging in Justice and Leadership in Early Islamic Courts, Louise Marlow uses the examples of the learned and pious Sāmānid and Ṭāhirid rulers to supply context for Pseudo-Māwardī’s stress on the need for the ruler to cultivate religious 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.

This excerpt from Ṭabarī’s chronicle quotes a statement made by Ṭāhir to his son ʿAbd Allāh emphasizing the crucial role of judgeship (qaḍāʾ)in maintaining the affairs of this world. He refers to judgeship as “God’s balance, by which circumstances maintain their balance in the world.” In her analysis of Islamic mirrors-for-princes literature on judging in Justice and Leadership in Early Islamic Courts, Louise Marlow uses this source to demonstrate the importance of judicial appointments by rulers.

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 the first excerpt from the jurist Māwardī’s al-Aḥkām al-sulṭāniyya, a treatise that explicates the functions, rights, and duties of various governmental offices in a juridical manner, the author states that he composed the work to make the ruler to whom it is addressed and “to whom obedience is incumbent” aware of the different juridical opinions regarding his rights and duties. In the second passage, Māwardī lists ten duties of the ruler. In her analysis of Islamic mirrors-for-princes literature on judging in Justice and Leadership in Early Islamic Courts, Louise Marlow refers to the first passage to introduce Māwardī’s work and to the second to point out its overlap with the ten duties listed in Māwardī’s treatise on statecraft titled Tashīl al-naẓar wa-taʿjīl al-ẓafar.

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.

This excerpt from Māwardī’s treatise on governmental offices quotes the correspondence of the second Rightly Guided Caliph, ʿUmar b. al-Khaṭṭāb, with his governor Abū Mūsā al-Ashʿarī. Among other duties, ʿUmar urges Abū Mūsā to deal equitably with men and to employ his own understanding (fahm) to resolve uncertainties in matters that are not addressed in the Quran or the Sunna. In her analysis of Islamic mirrors-for-princes literature on judging in Justice and Leadership in Early Islamic Courts, Louise Marlow refers to this report as an example of a model appointment by a past caliph.

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 Quḍāt Qurṭuba, the Andalusian scholar Khushanī (d. 361/971) reports an anecdote about the judge of Cordoba, Yaḥyā b. Maʿmar (d. 229/843), who, during a religious festival in Cordoba, ordered his assistants to move his carpet forward so that the notables (ashrāf al-nās) and the officials of the Umayyad administration (khidmat al-sulṭān) who had hurried to take up positions near the carpet were left behind. His action prompted admiration and much talk as a clever trick with which Yaḥyā b. Maʿmar outwitted the powerful in favor of average Muslims.In another version of the same account reported by Qāḍī ʿĪyāḍ in hisTartīb al-madārik, the judge, by surrounding himself with people more interested in the religious duty he was performing than in his person, effectively rid himself of his opponents, who fell victim to the cleverness of the trick. In her chapter in Justice and Leadership in Early Islamic Courts, Maribel Fierro makes reference to the two versions of the anecdote to emphasize the comedic nature of the judge’s actions and the scene as a whole, and to develop the character of the judge.

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 fromQuḍāt Qurṭuba, the Andalusian scholar Khushanī (d. 361/971) reports an anecdote about the judge of Cordoba, Yaḥyā b. Maʿmar (d. 229/843), who, during a religious festival in Cordoba, ordered his assistants to move his carpet forward so that the notables (ashrāf al-nās) and the officials of the Umayyad administration (khidmat al-sulṭān) who had hurried to take up positions near the carpet were left behind. His action prompted admiration and much talk as a clever trick with which Yaḥyā b. Maʿmar outwitted the powerful in favor of average Muslims.In another version of the same account reported by Qāḍī ʿĪyāḍ in hisTartīb al-madārik, the judge, by surrounding himself with people more interested in the religious duty he was performing than in his person, effectively rid himself of his opponents, who fell victim to the cleverness of the trick. In her chapter in Justice and Leadership in Early Islamic Courts, Maribel Fierro makes reference to the two versions of the anecdote to emphasize the comedic nature of the judge’s actions and the scene as a whole, and to develop the character of the judge.

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 the introduction toQuḍāt Qurṭuba, Khushanī (d. 361/971) praises the prince al-Ḥakam, who had asked him to compose this and other works on juridical matters, for his decision to encourage the publication of information on previous generations of judges, his care for genealogy, and his overall attention to the merits of historical knowledge. Khushanī details how he gathered information about Cordoban judges—namely, by approaching contemporaries who had memorized the actions and sayings of these judges—and then describes the nature of the information gathered. In her chapter in Justice and Leadership in Early Islamic Courts, Maribel Fierro usesKhushanī’s characterization of the judges as intelligent, fair, cautious, and attentive, among other praiseworthy traits, and his transparency regarding the sources of his information to establish Khushanī’s legitimacy as a source, to highlight the seriousness with which Khushanī approached his task, and to provide general information about what the learned people of Cordoba at the time of Khushanī’s writing thought of their previous judges.

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 excerptfromQuḍāt Qurṭuba, Khushanī recounts an incident that took place at a time ofsevere famine, which led to many criminal acts, death sentences, and hand amputations. The emir Muḥammad charged the ṣāḥib al-sūq, Ibrāhīm b. Ḥusayn b. ʿĀṣim, with dispensing cases quickly and harshly. One day a young boy (fatā) was brought to Ibn ʿĀṣim by the boy’s neighbors, who complained about his evil deeds, although they did not want him to be punished, only to be taught a lesson. The ṣāḥib al-sūq asked the eldest of the neighbors what punishment he thought applicable in this case, and the old man answered in an exaggerated way (al-mithl waʾl-mubālagha) that the boy deserved to be put in the hands of the executioners. To the neighbors’ dismay, the boy was crucified. In her chapter in Justice and Leadership in Early Islamic Courts, Maribel Fierro uses this passage to show that wordplay, jokes, and exaggerated utterances could have dangerous consequences for everyone, including judges. 

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 the introduction toQuḍāt Qurṭuba, Khushanī (d. 361/971) reminds his readers of the gravity of the decisions that Cordoban judges, past and present, confronted in their judicial proceedings. In so doing, he buttresses his account of the history of judgeships by providing some context as to the way judges both affected and were affected by the societies in which they operated. Specifically, Khushanī notes that the seriousness with which the role of judge was perceived had a detrimental effect on society, since many avoided judgeships out of fear that they would be punished for their rulings in the afterlife and that the position would leave a mark on their piety in their current lives. In her chapter in Justice and Leadership in Early Islamic Courts, Maribel Fierro uses this source to argue that the way in which potential judges reacted to offers of judgeships or the idea of serving as judges heavily impacted their reputation and image in society, with those who refused being seen as more pious and those who accepted tending to be perceived as seeking to burnish their reputations in the eyes of those in power.

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 excerptfromQuḍāt Qurṭuba, Khushanī describes another instance in which the judge Jukhāmir b. ʿUthmān al-Shaʿbānī was ridiculed by a poet, in this case Ibn al-Shamir (d. after 206/822). The judge had cards on which the names of the litigants were written; these would be read out to call the litigants to court. Ibn al-Shamir inserted among these cards one bearing the names of Yūnus b. Matī (Jonas) and al-Masīḥ b. Maryam (Jesus). The judge did not grasp what was going on and had them summoned, prompting strongly worded mocking verses from the poet. In her chapter in Justice and Leadership in Early Islamic Courts, MaribelFierro uses this anecdote to show that judges and scholars were ridiculed, mocked, and satirized, especially by poets, sometimes leading to punishment of the poet by the mocked judge.

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 Quḍāt Qurṭuba, Khushanī (d. 361/971) describes the funny and lighthearted behavior of a scholar,Muḥammad b. ʿĪsā al-Maʿāfirī al-Aʿshā (d. 221/836),who was appraised for the position of judge but eventually turned it down. According to Khushanī, al-Aʿshā challenged the idea that a sense of humor rendered a judge unfit for office. When he was asked why he rejected the position, he explained that he feared being punished in the afterlife for an incorrect or cruel ruling. He followed this reasoning with a rejoinder to his interlocutor about the Prophet Muḥammad’s cousin and son-in-law ʿAlī b. Abī Ṭālib, who did not forego his good humor upon becoming caliph; if, al-Aʿshā argued, such a respectable figure did not become more grave when in power, why should a judge? In her chapter in Justice and Leadership in Early Islamic Courts, MaribelFierro uses this source to show that Khushanī does not limit his account of judges’ behavior to their serious and pious actions but also includes their humorous natures. This range testifies both to the expansiveness of Khushanī’s work and to the diversity of judges active at the time.

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 Quḍāt Qurṭuba, Khushanī (d. 361/971) gives an account that attests to the pious and patient nature of judges of the time even in the face of annoyance and hardship. He describes the behavior of a certain ʿAmr b. ʿAbd Allāh (d. 273/886), who demanded of one of his litigants a document that was essential to determining the outcome of the case. In response, the litigant threw the document in his face. The judge, however, did not grow angry and punish the litigant as everyone in the court feared, but rather maintained his forbearance (hilm)and showed no response to the insult. In her chapter in Justice and Leadership in Early Islamic Courts, MaribelFierro uses this excerpt to illustrate the strain of the demands of the judgeship and to provide an example of the particular kind of good-natured, intelligent, and self-contained person the position required, especially given that judges were encouraged not to issue sentences in a state of anger.

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 excerptfromQuḍāt Qurṭuba, Khushanī reports on gossip that circulated about the wife of thejudge Muḥammad b. Ziyād. In her chapter in Justice and Leadership in Early Islamic Courts, MaribelFierro refers to this passage to show that judges could sometimes become objects of ridicule not because of their own behaviour but because of that of their family members and relatives.

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 Quḍāt Qurṭuba, Khushanī (d. 361/971) describes a scene in which the humorous scholar and potential judgeal-Aʿshā encounters a drunkard during a walk with the judge Muḥammad b. Ziyād (d. after 240/854). The judge orders his assistants to capture and punish the drunkard, but once al-Aʿshā, the joker, finds himself alone with the assistants, he tells them that the judge has decided to spare the drunkard’s life and has ordered that they release him, which the assistants promptly do. Instead of expressing anger at this behavior, the judge is not displeased, indicating either approval of al-Aʿshā’s lightheartedness or sympathy for the drunkard. In her chapter in Justice and Leadership in Early Islamic Courts, MaribelFierro uses this source to show that some judges at the time did like humorous and lighthearted scholars; this report thus contrasts with a source cited earlier, which demonstrated that certain other judges did not approve of joking among the learned. The report thus illustrates the range of expectations that judges themselves had for an ideal judge.

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 Quḍāt Qurṭuba, Khushanī (d. 361/971) describes a scene in which the humorous scholar and potential judge al-Aʿshā gives testimony (shahāda) in front of the judge al-Aswār b. ʿUqba. Afterward, the judge notes that al-Aʿshā’s proclivity for humor and jokes prevents him from discerning whether al-Aʿshā was serious in his testimony—a comment that, Khushanī claims, greatly embarrassed al-Aʿshā.In her chapter in Justice and Leadership in Early Islamic Courts, MaribelFierro uses this source to demonstrate the societal pressure to project a stern demeanor experienced by high-ranking members of the elite, even if they were educated and well versed in the law. The report also elucidates the profile of the ideal judge and paints a picture of societal norms at the time.

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 excerptfromQuḍāt Qurṭuba, Khushanī recounts an anecdote involving the judge Muḥammad b. Bashīr. Upon his appointment to the judgeship in Cordoba, the judge had ten cards for summons prepared with his seal (ṭābiʿ), and he used these until he died. Al-Aʿshā, who was known for his wit, asked of every friend of the judge that he met, “When are you going to meet the ten auctioneers (dallāl)? When are you going to visit the ten agents?” When Muḥammad b. Bashīr learned of this, he was displeased and told al-Aʿshā to desist. In her chapter in Justice and Leadership in Early Islamic Courts, MaribelFierro uses this anecdote as an example of judges’ being subjected to jokes and ridicule.

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 Quḍāt Qurṭuba, Khushanī (d. 361/971) recounts an anecdote in which a judge known for his sense of humor,Sulaymān b. Aswad, plays a trick on a Cordoban man, Ibn Qulzum, and embarrasses him before his peers and the nobility. Ibn Qulzum goes to see the judge one day and finds him apparently on his deathbed. Shocked, he goes to the vizier, Hāshim b. ʿAbd al-ʿAzīz, to tell him that the judge is dying and that the emir needs to replace him. After Ibn Qulzum assures the vizier that he saw the dying judge with his own eyes, the vizier writes to the emir, but the latter, aware of the judge’s antics and Ibn Qulzum’s desire to lead the Friday prayer in the judge’s stead, immediately realizes that a trick is afoot and sends his eunuch assistant to check on the judge’s status. After receiving confirmation that the judge was merely pretending to be at death’s door, the emir has a good laugh and goes about his day. In her chapter in Justice and Leadership in Early Islamic Courts, MaribelFierro uses this anecdote to show that good-humored judges were not necessarily disrespected by high-ranking officials such as emirs and viziers and to illustrate the reach of the judges’ power and the seriousness with which they were expected to treat their position, given its impact on social structures. 

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 Quḍāt Qurṭuba, Khushanī (d. 361/971) describes a scene in which a woman appears before a certain judge Sulaymān b. Aswad al-Ghāfiqī (d. after 273/886), who was known for being both austere and prone to jesting, and says to him, “Look at your wretched one!” (meaning herself). The judge replies with a joke: “You are not my wretched one! My wretched one is Ibn ʿAmmār’s mule, which spends the whole day eating away at the bit at the door of the mosque!” The judge is referring to the starving mule of Ibn ʿAmmār, a professional witness, who keeps his mule with him at all times. In her chapter in Justice and Leadership in Early Islamic Courts, MaribelFierro refers to this account in the course of a discussion of judges’ diverse personalities to show that there were judges who were both serious and humorous.

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 these excerptsfromQuḍāt Qurṭuba, Khushanī reports that the Cordoban Umayyad poet al-Ghazāl (156–250/772–864) used his verses to attack the judge Jukhāmir b. ʿUthmān al-Shaʿbānī, whom he considered ignorant and foolish. In her chapter in Justice and Leadership in Early Islamic Courts, Maribel Fierro uses this report to show that judges and scholars also became figures of ridicule in Islamic folklore. In particular, they were satirized by poets, which sometimes led to the poet’s being punished by the mocked judge.

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 passage from Akhbār quḍāt Miṣr,Wakīʿ (d. 306/918) records reports about a judge making funny comments and ridiculing people in the course of his juridical duties. According to this excerpt, ʿUbayd Allāh b. al-Ḥasan al-ʿAnbarī (d. 168/785), a judge in Basra, recited poetry in court and made fun of serious affairs. During an inquiry regarding a particular man, it was revealed that the man loved young boys; the judge reacted by asking: “Is he the knight or the lancer?” On another occasion, al-ʿAnbarī asked a litigant from the tribe of Rabīʿa whether he knew some verses satirizing his tribe. The litigant responded with verses that denigrated the judge’s tribe, prompting the judge to acknowledge that his behavior had not been acceptable. In a further anecdote, al-ʿAnbarī joked about a woman in his court who answered in kind, with the exchange escalating to sexual remarks. However, al-ʿAnbarī’s jokes were not always welcome: according to Wakīʿ, some people complained to the governor about his attitude. In her chapter in Justice and Leadership in Early Islamic Courts, Maribel Fierro uses these anecdotes to highlight people’s overall acceptance of jokes and jesting by judges.

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 Quḍāt Qurṭuba, Khushanī describes a scene between the judge Aslam b. ʿAbd al-ʿAzīz (d. 312/924) and a Christian who has come to the judge asking to be put to death, convinced that only his likeness (shibh) would die, whereas his real self would go directly to heaven. Aslam tries to reason with him to dissuade him from martyrdom. In the end he lashes the man, thus proving that it is the man’s own body, not merely his likeness, that suffers the punishment. In her chapter in Justice and Leadership in Early Islamic Courts, Maribel Fierro uses this passage to highlight the liveliness of the narrative and the emphasis that it places on the stupidity and ignorance of the Christian, which contrast with the rationality of the judge’s arguments and his condescending attitude—all elements that heighten the scene’s comic value.

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 excerptfromQuḍāt Qurṭuba, Khushanī recounts an anecdote involving al-Naḍar b. Salama al-Kalāʿī (d. 302/914), who served as a judge in Cordoba. While a lawsuit was taking place in the court, a certain Ibn Raḥmūn, known for his love of jesting, kept making jokes and funny remarks, provoking the laughter of those present. Al-Naḍar not only did not stop him but even smiled at Ibn Raḥmūn’s comments. The litigant who was the object of Ibn Raḥmūn’s jokes complained that Ibn Raḥmūn constantly insulted him and his mother. Nevertheless, Ibn Raḥmūn continued to crack jokes in court, and the judge tolerated his behavior. In her chapter in Justice and Leadership in Early Islamic Courts, Maribel Fierro uses this anecdote to demonstrate that funny remarks, jokes, and jesting were acceptable in courts and that judges did not necessarily put a stop to such behavior.

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 passage from Quḍāt Qurṭuba, Khushanī reports that the jurist Muḥammad b. al-Walīd came to talk to the judge Aslam about something he needed from him. In response, instead of employing the usual formula samʿ^anwa-ṭāʿat^an(“I hear and I obey,” i.e., I will do what you ask of me), the judge quoted Quranic verse 2:93: “We hear and we rebel” (samiʿnā wa-ʿaṣaynā), meaning that he would not do what Muḥammad wanted, as if there was something unacceptable in the request. In her chapter in Justice and Leadership in Early Islamic Courts, Maribel Fierro cites this report as another example of Aslam’s wit.

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.

This source comes from a compendium of model shurūṭ, or legal formulae, by ʿAlī b. Yaḥyā (d. 585/1189), who originated from the Rif region of northern Morocco and served as judge in Algeciras. In her chapter on imprecatory oaths in Justice and Leadership in Early Islamic Courts, Delfina Serrano uses this source as one of the three foci of her study.

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 sources and other material used in and related to the book.

This source comes from a compendium of model shurūṭ, or legal formulae, by Ibn Salmūn (d. 767/1366), who belonged to an important scholarly family and served briefly as chief judge of Granada. In her chapter on imprecatory oaths in Justice and Leadership in Early Islamic Courts, Delfina Serrano uses this source as one of the three foci of her study.

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 sources and other material used in and related to the book.

In this text,Ibn al-ʿAṭṭār (d. 339/1009) records the legal practices of Cordoban judges, drawing on a range of oriental sources including al-Ṭaḥāwī’s Kitāb al-Shurūṭ al-kabīr. In her chapter on imprecatory oaths in Justice and Leadership in Early Islamic Courts, DelfinaSerrano notes that the chapters on marriage and repudiation are missing from the preserved manuscripts of this important early work, making it difficult to contrast the treatment of liʿānin Cordoban legal texts with that in sources from Toledo.

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 sources and other material used in and related to the book.

In this excerpt, the eminent Granadan jurist and chief qāḍī of the Nasrid capital Ibn ʿĀṣim (d. 829/1426) dictates that a husband who accuses his wife of adultery must be imprisoned until he swears the liʿānoath. This position harks back to an earlier negative judgment of the accusing husband by al-Bājī and Abū ʿUmar Ibn ʿAbd al-Malik, who argued that “he is a slanderer.” This precaution prevents the husband from abandoning his wife and leaving her with the burden of caring for the child. In her chapter on imprecatory oaths in Justice and Leadership in Early Islamic Courts, DelfinaSerrano uses this source to demonstrate the potential of the liʿānprocedure to deter accusations of infidelity.

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 sources and other material used in and related to the book.

This source comes from a compendium of model shurūṭ, or legal formulae, by Aḥmad b. Mughīth of Toledo (d. 459/1067). In her chapter on imprecatory oaths in Justice and Leadership in Early Islamic Courts, Delfina Serrano uses this source as one of the three foci of her study.

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 sources and other material used in and related to the book.

This excerpt from Manṣūr al-Ābī’s book of etiquette quotes a Prophetic ḥadīth, “Anyone who increases in knowledge and at the same time increases in cupidity for the world increases only in distance from God, while God increases in dislike of him.” In her analysis of Islamic mirrors-for-princes literature on judging in Justice and Leadership in Early Islamic Courts, Louise Marlow refers to Pseudo-Māwardī’s use of this ḥadīthin his argument that the ruler should provide the judge with a sufficient allowance so that the latter will not harbor worldly desires.

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 book on taxation, Abū Yūsuf quotes a letter from the second Rightly Guided Caliph, ʿUmar b. al-Khaṭṭāb, to the first Umayyad caliph, Muʿāwiya, who was at the time governor of Damascus, advising him regarding his obligations when judging between men. In her analysis of Islamic mirrors-for-princes literature on judging in Justice and Leadership in Early Islamic Courts, Louise Marlow uses ʿUmar’s example to discuss judicial appointments by caliphs.

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.

This excerpt from Jāḥiẓ’s book of eloquence quotes the correspondence of the second Rightly Guided Caliph, ʿUmar b. al-Khaṭṭāb, with his governor Abū Mūsā al-Ashʿarī. Among other duties, ʿUmar urges Abū Mūsā to deal equitably with men and to employ his own understanding (fahm) to resolve uncertainties in matters that are not addressed in the Quran or the Sunna. In her analysis of Islamic mirrors-for-princes literature on judging in Justice and Leadership in Early Islamic Courts, Louise Marlow refers to this report as an example of a model appointment by a past caliph.

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.

This excerpt from Māwardī’s treatise on governmental offices quotes the correspondence of the second Rightly Guided Caliph, ʿUmar b. al-Khaṭṭāb, with his governor Abū Mūsā al-Ashʿarī. Among other duties, ʿUmar urges Abū Mūsā to deal equitably with men and to employ his own understanding (fahm) to resolve uncertainties in matters that are not addressed in the Quran or the Sunna. In her analysis of Islamic mirrors-for-princes literature on judging in Justice and Leadership in Early Islamic Courts, Louise Marlow refers to this report as an example of a model appointment by a past caliph.

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 these excerptsfromQuḍāt Qurṭuba, Khushanī shows that judges could accept or condone joking and impious conduct. Khushanī discusses the judge al-Aʿshā, who not only liked joking but also took a lenient view of sinful behavior such as wine drinking. Khushanī points out that al-Aʿshā was not alone in holding this view: other scholars who served as judges were also described has having held the same attitudes. In her chapter in Justice and Leadership in Early Islamic Courts, Maribel Fierro uses these passages to demonstrate that an inclination to endorse fun and condone impious behavior did not prevent a scholar from being accepted and respected as judge, nor from acting accordingly in court.

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.

This historical source records ʿAlī’s endowment of the land at Yanbuʿ to his heirs. Ḥimyarī (d. ca. 9th/15th c.) gives the text of the endowment as cited by Bakrī <link>, reporting that the Prophet Muḥammad gave the land to Kushd, who asked for it to be given to his nephew. ʿAbd al-Raḥmān b. Asʿad b. Zurāra then bought the land but found the area stricken with plague and contracted an eye disease there. When he returned and ʿAlī asked him where he was coming from, he answered, “Yanbuʿ, and I disliked it; would you like to buy it?” ʿAlī thus purchased the land for 30,000 dinars. When he went to it, “the first thing he did there was [discover] Bughaybigha."

In her chapter on land and leadership in early Islamic societies in Justice and Leadership in Early Islamic Courts, Intisar Rabb draws on this source to demonstrate the complexity of the ʿAlid endowments establishing their entitlement to the land.

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 text, the Cordoban Ibn Abī Zamanīn (d. 399/1009) discusses the legal predicament in which a man denies his paternity of a child still in embryo after having already (either implicitly or explicitly) conceded it. Ibn Abī Zamanīn’s opinion is that such a denial is possible only if the man claims to have seen his wife in flagrante delicto with his own eyes (ruʾya) and if the resulting child is born more than six months after the accusation. In her chapter on imprecatory oaths in Justice and Leadership in Early Islamic Courts, Delfina Serrano uses this source to contrasts Ibn Abī Zamanīn’s opinion with that of Ibn Mughīth, who believed that rejecting a previously acknowledged child under any circumstances would constitute slander.

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 sources and other material used in and related to the book

This historical source records ʿAlī’s endowment of the land at Yanbuʿ to his heirs. Khuzāʿī (d. 789/1387–8) cites Mubarrad’s account of the endowment, <link>, in which ʿAlī’s companion Abū Nayzar shares a meal with ʿAlī and the latter begins to work the spring; upon realizing its strength, he calls for a pen and paper to sign over the spring as a charitable endowment “for the Medinan poor and [for] travelers,” to be administered exclusively by Ḥasan and Ḥusayn.

In her chapter on land and leadership in early Islamic societies in Justice and Leadership in Early Islamic Courts, Intisar Rabb draws on this source to demonstrate the complexity of the ʿAlid endowments establishing their entitlement to the land.

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 Twelver Shīʿī collection of ḥadīth, Kulaynī (d. 329/940–1)records a report about ʿAlī’s gift of some five awsāqof dates (approximately 15 kilograms) to a poor man whose custom was not to ask for handouts. In her chapter on land and leadership in early Islamic societies in Justice and Leadership in Early Islamic Courts, Intisar Rabb cites this ḥadīthas an example of how the ʿAlids gained economic independence through their ownership of the valuable land of Bughaybigha. It also indicates that the ʿAlids used the profits from the land for charitable purposes.

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 text, Muḥammad b. Khalaf Wakīʿ (d. 306/917) records a brief version of the proceedings of the Case of Bughaybigha: a dispute between the Umayyad caliph al-Walīd b. Yazīd (Walīd II) and ʿAlī’s great-grandson ʿAbd Allāh b. al-Ḥasan over the title to the spring of Bughaybigha and the surrounding farmland. In her chapter on land and leadership in early Islamic societies in Justice and Leadership in Early Islamic Courts, Intisar Rabb uses Wakīʿ’s account as the basis of her narrative of the events. She also cites several sources alongside the case to analyze the role of judicial knowledge as one of many disfavored legal canons in early Islamic law.

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 these excerpts from his manual on judicial practice, Khaṣṣāf provides an overview of the approach to be taken by the qāḍīto consultation. The qāḍīmay consult jurists present in the city in which he operates. If his opinion agrees with theirs, he can judge accordingly; otherwise he should determine which view he deems closest to the truth. If he disagrees with the jurists of that city, he may consult other jurists outside the city, identify the most appropriate view, and act accordingly. He may also take into account the view of a single jurisconsult when he himself does not have a particular opinion on the issue at hand. If the consulted jurist has greater knowledge of Islamic law (fiqh) than does the qāḍī, and the latter is judicious, he may consider both views and choose the most appropriate and correct as the basis of his judgment. Finally, the qāḍīshould abstain from issuing a verdict that in his opinion is faulty, even if some jurisconsult has endorsed it. In her chapter in Justice and Leadership in Early Islamic Courts, Nahed Samour uses these excerpts to provide a vivid picture of judicial practice and, in particular, of the dynamics of judicial consultations between the judge and jurisconsults in a court setting. Samour concludes that consultations and joint deliberations were perceived as yielding a higher degree of accuracy compared with solitary deliberations.

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 his treatise on the land tax (kharāj), Yaḥyā b. Ādam (d. 203/818) cites a report from the ʿAlid descendant ʿAbd Allāh b. al-Ḥasan according to which ʿUmar, the second caliph, gave Yanbuʿ to ʿAlī after ʿAlī asked him about it. In her chapter on land and leadership in early Islamic societies in Justice and Leadership in Early Islamic Courts, Intisar Rabb uses this source to show the range of accounts concerning ʿAlī’s acquisition of land at Yanbuʿ, noting that ʿAbd Allāh b. al-Ḥasan had a personal investment in his version of the narrative and that he appeared in court claiming to have entitlement rights to the land.

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 these excerpts from his manual on judicial practice, Khaṣṣāf provides an overview of the approach to be taken by the qāḍīto consultation. The qāḍīmay consult jurists present in the city in which he operates. If his opinion agrees with theirs, he can judge accordingly; otherwise he should determine which view he deems closest to the truth. If he disagrees with the jurists of that city, he may consult other jurists outside the city, identify the most appropriate view, and act accordingly. He may also take into account the view of a single jurisconsult when he himself does not have a particular opinion on the issue at hand. If the consulted jurist has greater knowledge of Islamic law (fiqh) than does the qāḍī, and the latter is judicious, he may consider both views and choose the most appropriate and correct as the basis of his judgment. Finally, the qāḍīshould abstain from issuing a verdict that in his opinion is faulty, even if some jurisconsult has endorsed it. In her chapter in Justice and Leadership in Early Islamic Courts, Nahed Samour uses these excerpts to provide a vivid picture of judicial practice and, in particular, of the dynamics of judicial consultations between the judge and jurisconsults in a court setting. Samour concludes that consultations and joint deliberations were perceived as yielding a higher degree of accuracy compared with solitary deliberations.

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, Khaṣṣāf (d. 260–1/874–5) discusses the qualifications that ought to be present in a qāḍīand the procedures that he must follow to issue a valid judgment. “After listing the Quran, the Sunna of the Prophet, consensus, the precedent of the Prophet’s Companions and their followers (tābiʿūn), and personal discernment as valid bases for the qāḍī’s judgments, Khaṣṣāf adds that if jurisconsults are present in the city, the qāḍī might also consult them. If his opinion accords with theirs, he can issue a judgement accordingly; alternatively, he might use his own reasoning if their views do not converge. If his own view disagrees with all of theirs, he may write to other jurisconsultsin other cities and judge accordingly. In her chapter in Justice and Leadership in Early Islamic Courts, Nahed Samour uses this passage to point to the presence of other professional figures in court, such as jurisconsults (muftīs), who, by virtue of their juridical knowledge, compete and cooperate with the qāḍīin judicial consultations.

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, Khaṣṣāf describes the appropriate etiquette that the qāḍīmust observe when undertaking his judicial activities.  Khaṣṣāf describes the qāḍī’s preliminary rituals, the location of the parties within the courtroom, and the handling of the archive containing files pertaining to the day’s cases.In her chapter in Justice and Leadership in Early Islamic Courts, Nahed Samour uses this passage to provide a spatial description of a court’s setting in a mosque, confirming the presence of jurist-advisors next to the judge.

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.

These excerpts fromKindī’s (d. 350/961) book on governors and judges, which correspond to excerpts from Ibn Ḥajar’s Rafʿ al-iṣr,recount an anecdote about the Egyptian judge Bakkār b. Qutayba, a Ḥanafī native of Basra, who was appointed qādīof Cairo by the caliph al-Mutawakkil in 246/860. While heading to Egypt, Bakkār met Muḥammad b. Abī Layth, who was returning from Egypt to Iraq. The former asked the latter for advice on individuals whom he might consult and rely on in his new city, of which he knew nothing. Ibn Abī Layth mentioned the names of Yūnus b. ʿAbd al-Aʿlā and Mūsā b. ʿAbd al-Raḥmān b. al-Qāsim. Upon his first meeting with Bakkār, Yūnus was able to persuade him to change his stance on a case of inheritance law disputed between the Mālikīs and the Ḥanafīs, known as “the house of the elephant.” In her chapter in Justice and Leadership in Early Islamic Courts, Nahed Samour cites this passage as an example of cooperation across legal schools in the field of adjudication, with jurisconsults being chosen not on the basis of school affiliation but on the strength of their trustworthiness and their grasp of local laws and customs.

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 these excerpts from his manual on judicial practice, Khaṣṣāf provides an overview of the approach to be taken by the qāḍīto consultation. The qāḍīmay consult jurists present in the city in which he operates. If his opinion agrees with theirs, he can judge accordingly; otherwise he should determine which view he deems closest to the truth. If he disagrees with the jurists of that city, he may consult other jurists outside the city, identify the most appropriate view, and act accordingly. He may also take into account the view of a single jurisconsult when he himself does not have a particular opinion on the issue at hand. If the consulted jurist has greater knowledge of Islamic law (fiqh) than does the qāḍī, and the latter is judicious, he may consider both views and choose the most appropriate and correct as the basis of his judgment. Finally, the qāḍīshould abstain from issuing a verdict that in his opinion is faulty, even if some jurisconsult has endorsed it. In her chapter in Justice and Leadership in Early Islamic Courts, Nahed Samour uses these excerpts to provide a vivid picture of judicial practice and, in particular, of the dynamics of judicial consultations between the judge and jurisconsults in a court setting. Samour concludes that consultations and joint deliberations were perceived as yielding a higher degree of accuracy compared with solitary deliberations.

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 these excerpts from his manual on judicial practice, Khaṣṣāf provides an overview of the approach to be taken by the qāḍīto consultation. The qāḍīmay consult jurists present in the city in which he operates. If his opinion agrees with theirs, he can judge accordingly; otherwise he should determine which view he deems closest to the truth. If he disagrees with the jurists of that city, he may consult other jurists outside the city, identify the most appropriate view, and act accordingly. He may also take into account the view of a single jurisconsult when he himself does not have a particular opinion on the issue at hand. If the consulted jurist has greater knowledge of Islamic law (fiqh) than does the qāḍī, and the latter is judicious, he may consider both views and choose the most appropriate and correct as the basis of his judgment. Finally, the qāḍīshould abstain from issuing a verdict that in his opinion is faulty, even if some jurisconsult has endorsed it. In her chapter in Justice and Leadership in Early Islamic Courts, Nahed Samour uses these excerpts to provide a vivid picture of judicial practice and, in particular, of the dynamics of judicial consultations between the judge and jurisconsults in a court setting. Samour concludes that consultations and joint deliberations were perceived as yielding a higher degree of accuracy compared with solitary deliberations.

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.

These excerpts fromKindī’s (d. 350/961) book on governors and judges, which correspond to excerpts from Ibn Ḥajar’s Rafʿ al-iṣr,recount an anecdote about the Egyptian judge Bakkār b. Qutayba, a Ḥanafī native of Basra, who was appointed qādīof Cairo by the caliph al-Mutawakkil in 246/860. While heading to Egypt, Bakkār met Muḥammad b. Abī Layth, who was returning from Egypt to Iraq. The former asked the latter for advice on individuals whom he might consult and rely on in his new city, of which he knew nothing. Ibn Abī Layth mentioned the names of Yūnus b. ʿAbd al-Aʿlā and Mūsā b. ʿAbd al-Raḥmān b. al-Qāsim. Upon his first meeting with Bakkār, Yūnus was able to persuade him to change his stance on a case of inheritance law disputed between the Mālikīs and the Ḥanafīs, known as “the house of the elephant.” In her chapter in Justice and Leadership in Early Islamic Courts, Nahed Samour cites this passage as an example of cooperation across legal schools in the field of adjudication, with jurisconsults being chosen not on the basis of school affiliation but on the strength of their trustworthiness and their grasp of local laws and customs.

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.

These excerpts from Kindī’s book on governors and judges demonstrate that the appointment of a Ḥanafī judge in a traditionally Mālikī region such as Egypt could have serious repercussions on social life. In the case described by Kindī, Ismāʿīl b. al-Yasaʿ al-Kindī, a Ḥanafī of Iraqi origin, was appointed as judge in Egypt, where the population was not accustomed to this school of law and disliked it. Ismāʿīl al-Kindī adopted an oppressive attitude toward the population and abolished endowments (aḥbās). According to Kindī, the jurist Layth b. Saʿd confronted the judge about this decision and informed the caliph al-Mahdī, who promptly removed the qāḍīin response to Layth’s accusation that Ismāʿīl al-Kindī was harming the Sunna of the Prophet. In her chapter in Justice and Leadership in Early Islamic Courts, Nahed Samour uses this source to illustrate the tensions between judges and jurisconsults belonging to different legal schools.

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.

These excerpts from Kindī’s book on governors and judges demonstrate that the appointment of a Ḥanafī judge in a traditionally Mālikī region such as Egypt could have serious repercussions on social life. In the case described by Kindī, Ismāʿīl b. al-Yasaʿ al-Kindī, a Ḥanafī of Iraqi origin, was appointed as judge in Egypt, where the population was not accustomed to this school of law and disliked it. Ismāʿīl al-Kindī adopted an oppressive attitude toward the population and abolished endowments (aḥbās). According to Kindī, the jurist Layth b. Saʿd confronted the judge about this decision and informed the caliph al-Mahdī, who promptly removed the qāḍīin response to Layth’s accusation that Ismāʿīl al-Kindī was harming the Sunna of the Prophet. In her chapter in Justice and Leadership in Early Islamic Courts, Nahed Samour uses this source to illustrate the tensions between judges and jurisconsults belonging to different legal schools.

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 Ḥajar relates how the question of testimony in court divided the qāḍī andthe jurists and generated a diversity of opposing views. He notes that the law of witness testimony was a particularly sensitive topic because the determination of who was a trustworthy witness had implications for social order. In her discussion of early judges and judicial consultation of jurists in Justice and Leadership in Early Islamic Courts, Nahed Samour uses this source to contrast the system described by Ibn Ḥajar, in which authority over difficult legal questions was divided, with an example from an earlier period when authority was not so divided—namely, the tenure of the Egyptian judge Khālid b. Ṭāliq [sic= Ṭalīq]. In that case, jurists opposed the judge’s rulings, but ultimately the two views were balanced in a final ruling and were delivered together.

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 book on the afterlife and eschatology, Muḥāsibī describes the unveiling of the scrolls in which angels have recorded each person’s deeds on the Day of Judgment. According to Muḥāsibī, on that day each resurrected person holds a written record that leaves nothing out. The person will then read it “with a weary tongue, citing pointless arguments.” In his chapter comparing earthly justice with heavenly justice in the early Islamic imagination in Justice and Leadership in Early Islamic Courts, Christian Lange draws on this source to elucidate the procedures of the heavenly court as imagined by exegetes, highlighting God’s use of written evidence.

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 Akhbār al-quḍāt,Wakīʿ reports that ʿUmar appointed Zayd b. Thābit as an arbiter in his, ʿUmar’s, dispute with an adversary. In her analysis of Islamic mirrors-for-princes literature on judging in Justice and Leadership in Early Islamic Courts, Louise Marlow cites this report as an example of the expectation that a model ruler be willing to defer to the judgment of others even in disputes involving himself.

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 mirror for princes, Ghazālī quotes two sayings to stress the importance of a just ruler: “The ruler is the shadow of God on earth, and in him every wronged person takes refuge”; “An hour of justice is better than sixty years of worship.” In her analysis of Islamic mirrors-for-princes literature on judging in Justice and Leadership in Early Islamic Courts, Louise Marlow uses these two sayings to highlight the crucial role of justice in this genre of literature.

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 biographical dictionary, Dhahabī writes that the Ṭāhirid prince ʿAbd Allāh b. Ṭāhir was learned in belles-lettres (taʾaddabu)and law (tafaqqahu), and that he composed poetry and prose. In her analysis of Islamic mirrors-for-princes literature on judging in Justice and Leadership in Early Islamic Courts, Louise Marlow uses this source to illustrate the ideal of a learned ruler.

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 biographical dictionary of judges, Wakīʿ reports an incident in Kūfa in which a man sought the opinion of three legal experts—Abū Ḥanīfa, Ibn Shubruma, and Ibn Abī Laylā—on the status of a sale and received three different opinions to his query. In her analysis of Islamic mirrors-for-princes literature on judging in Justice and Leadership in Early Islamic Courts, Louise Marlow cites this case as an example of the lack of uniformity in legal rulings during the early centuries of Islam. 

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 these passages from the first part of his work on statecraft, Māwardī addresses the moral dispositions of the king (akhlāq al-malik), distinguishing between two kinds of dispositions: innate dispositions (akhlāq al-dhāt) and actions rooted in volition (afʿāl al-irāda). In discussing virtues (faḍāʾil),Māwardī differentiates between virtues that represent beginnings and those that represent ends. He presents rational intellect (ʿaql) as the first of all virtues, since other virtues arise from it and are ordered or conceptualized by it. Justice (ʿadl) appears as the last of the virtues, since it is a product of them all. All other virtues fall somewhere between intellect and justice, with intellect ordering them and justice evaluating them. Next, Māwardī presents the four foundations of a virtuous disposition: discernment (tamyīz), courage (najda), temperance (ʿiffa), and justice (ʿadl). All other virtues, he says, are derived from them. Māwardī also explores the roots of vices (radhāʾil), which, he claims, begin with foolishness (ḥumq)and end with ignorance (jahl). Rather like Aristotle, Māwardī explains that each virtue lies midway between two vices, which might be visualized as extremities. Furthermore, different virtues might be joined together to generate other admirable virtues. For example, intellect combined with courage yields patience in adversity and loyalty in commitments. In her analysis of Islamic mirrors-for-princes literature on judging in Justice and Leadership in Early Islamic Courts, Louise Marlow cites these passages to elucidate Māwardī’s theory of just kingship.

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 chronicle, Ibn al-Athīr reports that a group of Ismāʿīlī bāṭinīs were executed via immolation in the year 494/1101. An eminent local Shāfiʿī jurist apparently gave his support to this punishment. In his chapter comparing earthly justice with heavenly justice in the early Islamic imagination in Justice and Leadership in Early Islamic Courts, Christian Lange cites this example of punitive burning to make the point that judges viewed their own function in adjudication along lines similar to divine judgment: in spite of the circulation of ḥadīths such as “Only the Lord of Fire punishes with fire,” rulers and judges had no qualms about burning criminals.

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.