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By Erin E. Stiles

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This perceptive ethnographic learn bargains perception into the workings of the modern Islamic criminal process. in accordance with fieldwork in Zanzibar, Stiles sheds gentle on how humans comprehend and use Islamic felony rules in marital disputes and at the judicial reasoning and litigant job in Islamic kinfolk court docket. proposing unique interpretations, this e-book exhibits that Islamic judges (kadhis), clerks, and litigants cause utilizing not just their understandings of Islamic legislation but in addition their perspectives of actual and excellent marital habit, neighborhood authority, and the court’s function in the neighborhood. Stiles’ account presents a compelling and far-reaching contribution to socio-legal scholarship.

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Extra resources for An Islamic Court in Context: An Ethnographic Study of Judicial Reasoning

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For the sake of preparing the table, however, I determined that a woman or man was successful if the ruling rectified at least part of her or his initial claim. Thus, despite the obvious convenience of presenting this information in a table, I am not fully comfortable with representing case outcomes in this way, and I would ask readers to consider cases individually since the outcomes were more complex than what is indicated in the table. Outline of Chapters Chapter two looks at the daily workings of the Mkokotoni court.

The fact that most women wear a kanga to court is indicative of the general poverty of the area. At the time, Zanzibari women with greater means nearly always wore a black buibui when going out in public. The buibui is subject to the winds of fashion and takes many forms, but is often a long, sometimes diaphanous, black cloak worn with a matching or contrasting headscarf. 1 Bi Amina had come to ask the court to require her former husband to take custody of their several children. She was in her forties, and recently experienced her third divorce from as many husbands.

1057/9780230103115 - An Islamic Court in Context, Erin E. Stiles Court Actors and Court Procedure 35 oral testimony and spoken claims into a written document, and the kadhi turns argument into a written account and uses it to inform his decision. Disputes are thus framed differently throughout the proceedings by litigants, by clerks, and by kadhis, and the prepared documents are a manifestation of the entextualization of disputes. The process of entextualization, or creating “extractable” texts from discourse, has garnered attention in the anthropology of language and linguistics (Bauman and Briggs 1990, Silverstein and Urban 1996, Hirsch 1998).

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