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Disputes in a Court of Sharia, Kunar Valley, Afghanistan, 1885–1890

Published online by Cambridge University Press:  29 January 2009

Ashraf Ghani
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Extract

A prominent feature of the literature on Islamic law is the absence of reference to concrete cases. The preference given to oral testimony over written evidence by the ulema may have been one of the reasons for this neglect. But a more crucial factor can be traced back to the conceptual apparatus of the researchers who made use of the blurred notion of “traditional” society. As obedience to norms in such societies was supposedly automatic, the researchers could legitimately focus on ideals instead of the complexities of concrete behavior.

Type
Articles
Information
International Journal of Middle East Studies , Volume 15 , Issue 3 , August 1983 , pp. 353 - 367
Copyright
Copyright © Cambridge University Press 1983

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References

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