
Contents
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Provincial maẓālim and political strategies Provincial maẓālim and political strategies
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The MaẓāLim in Provincial Towns The MaẓāLim in Provincial Towns
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An instrument of central authority An instrument of central authority
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The maẓālim and provincial autonomy The maẓālim and provincial autonomy
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Qāḍīs as instruments and victims of state violence Qāḍīs as instruments and victims of state violence
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Judgeship as a political tool Judgeship as a political tool
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QāḍīS Appearing Before The maẓālim Courts QāḍīS Appearing Before The maẓālim Courts
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The qāḍī s Word The qāḍī s Word
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Conclusion Conclusion
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Notes Notes
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2 Qāḍīs and the political use of the maẓālim jurisdiction under the cAbbāsids
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Published:July 2009
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Abstract
This chapter discusses the mazālim jurisdiction and its relation to qādīs during the Abbasid period. The role of the mazālim jurisdiction is generally regarded as three-fold. As ordinary courts, the mazālim symbolized the discretionary power vested in the ruler who could at any time exercise a power that he would delegate to other judges. Moreover, the mazālim offered the possibility to claim damages for the unjust acts committed by public servants and high-ranking dignitaries against whom the qādīs would find it difficult to take punitive actions. Lastly, the mazālim acts as a court of appeal against the judgment of the qādīs. The mazālim were not recognizable only by their name or by the judges sitting in the court but also by their procedures which were often free from the limits of ordinary jurisdictions. Hence, the mazālim provided rulers with several ways of regaining control of justice without the qādīs involvement. Above all, as the highest body representing sovereign justice, the mazālim served as a tool for the legitimisation of the Abbasid dynasty. While the mazālim rectified prejudices, the institution also served as a means to hide some forms of state violence. The mazālim served as a privileged instrument of coercion and physical violence insofar as they represented a political justice guided by the immediate interests of the rulers of the state.
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