Name der Zeitschrift: Der Islam Jahrgang: 92 Heft: 2 Seiten: 332-366.

The second half of the third/ninth and the fourth/tenth centuries are of particular importance for the development of the judiciary in the central lands of the Abbasid caliphate. At the end of the mihna period and the victory of Sunnism under al-Mutawakkil (r. 232-247/847-861), the caliphate agreed not to interfere further within the legal sphere, thus allowing the principal schools of law to complete their development toward their classical structure. In Iraq, thanks to the growing independence of the legal sphere (...) and to the political weakness of the caliphate, the qadis increased their judicial freedom. Meanwhile, the political situation in Egypt was very different. The provincial rulers and two successive dynasties, the Tulunids (254-292/868-905) and the Ikhshidids (323-358/935-969), profited from the weakness of the caliphate, and imposed their autonomy de facto. The role played by the judiciary in this process is still unclear, as is the impact of Egyptian autonomy on the development of the local judiciary. In this paper, I discuss the evolution of the relationship between the Egyptian governors and the judiciary, from the accession of Ahmad b. Tulun in 254/868 until the arrival of the Fatimids in 358/969. Several elements are taken into consideration: (1) The institutional links between political power and the judiciary: Who appointed the qadis? How were they selected? Did the government choose to rely on local scholars or did the qadis come from outside the province? (2) The financial connection between the governors and the qadis, which was not only symbolic of the delegation of power, but could also denote the submission of the judiciary to the government. (3) The daily interactions between the qadis and the governors. (4) The judicial practice of the qadis. (5) Their reputation. I study to what extent the judiciary and its control was a political issue for the Tulunids and the Ikhshidids, and how the efforts of these two dynasties to build an Egyptian autonomy had important consequences on the structure of the legal milieu. (shrink)

The dating of Islamic traditions has so far remained dependent on internal analyses of the hadith corpus. However, a comparison between this corpus and documentary sources appears possible. Invocations engraved on rocks during the first three centuries of Islam can be compared with those attributed to the earliest authorities of Islam. The new method I propose, based on an analysis of lexical convergences between inscriptions and hadith, allows to approach the time when traditions were first put into circulation and to (...) study the process whereby invocatory formulas were incorporated into the sunna and attributed to various authorities. In this way, it becomes possible to identify a historically plausible lexical nucleus in prophetic hadith and to understand how, by means of transmitters that I call “hubs,” ancient non-prophetic traditions became prophetic. (shrink)