research product . 2008

La société abbasside au miroir du tribunal. Égalité juridique et hiérarchie sociale

Mathieu Tillier;
  • Published: 01 Jan 2008
  • Country: United Kingdom
In the 9th and 10th centuries, legal sources as well as adab literature stress the strict equality of the litigants before the qāḍī, whatever their respective places in society. This article intends to show that despite this theoretical rule, the practice of the court still reflected individuals’ social backgrounds. The doctrine restricted the rights of some categories of the population and several strategies of discrimination enabled the powerful to establish their superiority; a weak knowledge of Arabic language or a poor legal culture could also weaken the position of litigants belonging to the popular classes. Finally, by recognizing filiations and genealogi...
free text keywords: Late antiquity and the Middle Ages
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