“Justice and Leadership in Early Islamic Courts” (Rabb & Balbale, eds.)

9780674984219-lgLaw features much more prominently in the life of Islam than Christianity. This was, in some ways, a comparative advantage for the new faith. At least the leaders of Christian communities perceived it as such: in the early centuries of their encounter with Islam, Christian leaders often identified the influence the fiqh courts had in encouraging conversions within their communities. One medieval Armenian cleric, Mkhitar Gosh, even complied a Christian law code to compete with fiqh, so that Armenian Christians would have less temptation to resort to Islamic courts.

A new collection of essays from Harvard University Press, Justice and Leadership in Early Islamic Courts, addresses the history of the early Islamic courts. The editors are Intisar Rabb (Harvard Law School) and Abigail Krasner Balbale (Bard Graduate Center). Here’s the description from the Harvard website:

This book presents an in-depth exploration of the administration of justice during Islam’s founding period, 632–1250 CE. Inspired by the scholarship of Roy Parviz Mottahedeh and composed in his honor, this volume brings together ten leading scholars of Islamic law to examine the history of early Islamic courts. This approach draws attention to both how and why the courts and the people associated with them functioned in early Islamic societies: When a dispute occurred, what happened in the courts? How did judges conceive of justice and their role in it? When and how did they give attention to politics and procedure?

Each author draws on diverse sources that illuminate a broader and deeper vision of law and society than traditional legal literature alone can provide, including historical chronicles, biographical dictionaries, legal canons, exegetical works, and mirrors for princes. Altogether, the volume offers both a substantive intervention on early Islamic courts and on methods for studying legal history as social history. It illuminates the varied and dynamic legal landscapes stretching across early Islam, and maps new approaches to interdisciplinary legal history.

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