The autonomy of the shari` a courts in Ottoman-Egypt during the 16th and 17th centuries, is the subject of this thesis. Specifically, it pursues the question of formalization (the incorporation of courts and their functionaries into the civil apparatus of the state) and, relatedly, the legal innovations which accompanied this policy (the merger of siyasa to shari `a and the development of the qanun ), gauging the implications of both for the judiciaries independence from the state. With regards to procedural law, it finds the courts to be the autonomous domain of its practitioners, muftis and qadis, while concluding that formalization renders the efficacy of the courts dependent on the fortunes of the state. With respect to the two innovations described above, it finds that in the contemplative realm of law, the manipulations of the state spurred certain legal trends without affording the state a place in the domain of law.
| Identifer | oai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:QMM.21241 |
| Date | January 1998 |
| Creators | Meshal, Reem A. |
| Contributors | Hallaq, Wael B (advisor), Turgay, A. Uner (advisor) |
| Publisher | McGill University |
| Source Sets | Library and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada |
| Language | English |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
| Format | application/pdf |
| Coverage | Master of Arts (Institute of Islamic Studies.) |
| Rights | All items in eScholarship@McGill are protected by copyright with all rights reserved unless otherwise indicated. |
| Relation | alephsysno: 001659369, proquestno: MQ50546, Theses scanned by UMI/ProQuest. |
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