Socio-political factor of qadá’ in eighth/fourteenth century Syria

Abstract

The relationship between theory and practice in Islamic law can be examined in several ways. With regard to the substance of Islamic law one could ask in which way are or can the rulings of the sharī‛a be applied. Another question concerning the external aspects of the sharī‛a could be, to what extent do the political situation, the judicial administration, the education system and other socio-political factors allow a sharī‛a conforming jurisdiction. Qāḍis who are not qualified, whose competence is reduced by the political rulers or whose judgements are influenced by political interests, are not able to exercise qādā’ in the frame of the sharī‛a. The examination at hand therefore aims to reconstruct the socio-political background of a number of qāḍīs in eighth/fourteenth century Syria. On the basis of several biographical works containing detailed and authentic descriptions of more than 200 Syrian qāḍīs it shall be demonstrated that there existed the essential preconditions for exercising qādā’ ' in that time and region. As a result of this study, which possibly throws light on a new aspect of qādā’ ' in the Mamluk Empire, one may propose that the qāḍīs, along with other ‛ulamā’ form a separate body within the Mamluk state system which on one side appears to be strong enough to resist political encroachments and, on the other, provides for and profits from a high level of legal education.