By Baudouin Dupret (ed.), Barbara Drieskens (ed.), Annelies Moors (ed.)
The reality, in criminal phrases, is the model of ""what happened"" which contains such a lot authority. This unique and thought-provoking booklet seems at how this narrative is built in Muslim societies, and which truths are privileged over others in developing it. quite a number contrasting case reports, from Sharia courts to inquiries into police abuse, this e-book explores how traditional tales are remodeled into authoritative truths.
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Additional info for Narratives of Truth in Islamic Law
They are problems with the local customs and the habits of the communities, as well as the legal evaluation of the transgressions of the social order. Many of the stories concerning the payment of the dowry by the father are of this third category. Usually the text of the istifta’ is a description of a custom among the people of a certain place and the transgression of this custom by a single individual. Story 4a: [They] wrote to [Abu l-Walid b. Rushd (d. 520/1126)], may God be satisfied with him, from the city of Shalb (Silves, Portugal) asking him about a man who gave to his wife a nuptial gift (siyaqa) when 30 NARRATIVES OF TRUTH IN ISLAMIC LAW the marriage contract was written down and demanded that her father pay a dowry for an amount equivalent to this siyaqa.
On the other hand, the husband asked for the inheritance of the trousseau that the father had given. ‘Abd al-Hamid issued a fatwa saying that the father had no obligation to give what he had promised as a trousseau, but al-Lajmi issued another stating the contrary. ‘Abd al-Hamid said: “Bear in mind that fathers, during the life of their daughters should try to improve their social status and increase their personal perspectives, at the same time as taking care of the opinions that their husbands might have about them.
The adab al-mufti literature, as well as ethnographical descriptions of the mufti’s activities, says that after the presentation of the text with the question, the mufti has to write his answer on the same piece of paper or on the back (Messick, 1986: 106). The Text of the Answer The wording of the answers is more difficult to include within a fixed frame. 13 THE STORIES IN THE FATWAS AND THE FATWAS IN HISTORY 35 However, there is a certain structure influenced by the subject of the question: 1.