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The Judicial Functions of the SulṬān in Civil Cases According to the Mālikīs up to the Sixth/Twelfth Century

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In the earliest Mālikī texts, civil cases in which the SulṬān plays a role can be divided into four groups: (i) those in which the SulṬān plays an instrumental role to help in claiming a right that is substantively endorsed by the fiqh; (ii) those in which the SulṬān is called upon to adjudicate for a practical reason; (iii) those in which the SulṬān adopts a solution required by equity; and (iv) those which fall under the SulṬān's exclusive jurisdiction. Whereas the earliest Mālikīs held that the SulṬān's judgment can be reversed by the qādī only if it is manifestly corrupt, later Mālikīs introduced the notion of delegation of judicial power and the idea that a mujtahid, a qādī or a muftī has a general right to redress an erroneous judgment.

Affiliations: 1: Tohoku University


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