Bringing arbitration (taḥkīm) and conciliation (ṣulḥ) under the qāḍī’s purview in Mālikī al-Andalus (10th to 12th centuries C.E.)
This paper examines Mālikī discourses on arbitration and conciliation in a time in which al-Andalus experienced a series of political, intellectual and ideological developments that affected deeply the approach to received wisdom, the judicial policy, and the jurists’ self-perception of their role i...
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| Format: | article |
| Langue: | EN FR |
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Université de Provence
2016
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| Accès en ligne: | https://doaj.org/article/dbcd3b6bc0fd4d0cb4980a1927280a7d |
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| Résumé: | This paper examines Mālikī discourses on arbitration and conciliation in a time in which al-Andalus experienced a series of political, intellectual and ideological developments that affected deeply the approach to received wisdom, the judicial policy, and the jurists’ self-perception of their role in society as mediators and peace makers. This is illustrated through the works of two of the most relevant Mālikī fuqahā’ of the period: al-Bājī (403-474/1013-1081) and Ibn Rushd al-Jadd (450-520/1058-1126). They acknowledge arbitration as a valid conflict resolution strategy, though inferior and subservient to qāḍīship, while restricting, mostly on ethical grounds, the right to resort to the widespread practice of conciliation. |
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