The almost total absence of qadi court records for the pre-Ottoman period makes it difficult to locate judicial procedures in qadi courts on the spectrum between adversarial and inquisitorial.
It is in this context--the investigative aspect of the qadi's role and the latitude of the types of evidence he is permitted to rely on--that I wish to discuss the origins of the term istikshaf and its development from early Islamic legal sources to present-day usage.
In his circular, Qadi N[a.bar]t[u.bar]r points to a connection between the informants' report in maintenance cases and the term shah[a.bar]dat al-istiksh[a.bar]f, a connection he attributes to Hanaf[i.bar] jurisprudence.
To support his assertion that the informants' report on the appropriate level of maintenance is shah[a.bar]dat al-istik[a.bar]sh[a.bar]f, Qadi N[a.bar]t[u.bar]r provides two modern references.
police chief said the number of surrendered Taliban has reached 275 fighters that include 20 commanders in the districts of Qadis
, Muqur, Ab Kamari and Jawand.
One finding of our author was that qadis, particularly those in Cairo, as distinguished from the more conservative qadis of the countryside, did not fail in implementing the reform.
Perhaps in this context, that of a man promising a large sum of maintenance for his wife and later asking the qadi to reduce it, the translation should be "excessive" or "inequality of customary equivalents." Finally, the arguments of the parties in various cases are often given, but not the final determination (e.g., p.
This first part of the document under review is an instructive example of the encounter which took place in the shari a court between custom, represented by a marriage contract concluded according to Bedouin tradition, and the shari a in its Hanafi version, represented by the qadi. One of the manifestations of custom revealed in this document is that an adult woman's guardian gave her in marriage to a groom chosen by him without her knowledge or even against her will.
The official supplied her with a letter asking the shar i qadi of Nahl to accept her request and not to compel her to marry someone she did not love.
The qadi's attitude in our case is not an exception.
An interesting question is whether the qadi's decision finally settled the dispute and whether it was fully implemented.