Jump to ContentJump to Main Navigation
The Expert Witness in Islamic CourtsMedicine and Crafts in the Service of Law$
Users without a subscription are not able to see the full content.

Ron Shaham

Print publication date: 2010

Print ISBN-13: 9780226749334

Published to Chicago Scholarship Online: March 2013

DOI: 10.7208/chicago/9780226749358.001.0001

Show Summary Details
Page of

PRINTED FROM CHICAGO SCHOLARSHIP ONLINE (www.chicago.universitypressscholarship.com). (c) Copyright University of Chicago Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in CHSO for personal use.date: 24 September 2021

The Right Hand of Qadis: Male Experts in Judicial Practice

The Right Hand of Qadis: Male Experts in Judicial Practice

(p.56) Chapter Two The Right Hand of Qadis: Male Experts in Judicial Practice
The Expert Witness in Islamic Courts
University of Chicago Press

This article focuses on two specific groups of male experts for whom the richness of information is larger than for other expert witnesses: experts in the human body (and also on animal anatomy), such as physicians, veterinarians, and slave dealers; and construction experts, such as builders and architects. Lawrence Rosen proposed a comparative paradigm of indirect political control of fact-finding in common-law systems versus direct control in civil-law ones. Drawing on this paradigm, this article discusses the qualifications required by the qadis of expert witnesses, how they were selected by the qadi, whether experts function as the advisers of the judge or as partisan witnesses, the procedural options developed by the court for using experts, and how judges address the problem of contradictory expert opinions. It shows that the use of expert testimony was common in premodern Islamic legal systems.

Keywords:   male experts, expert witnesses, architects, physicians, Lawrence Rosen, fact-finding, qadis, expert testimony, Islamic legal systems

Chicago Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs, and if you can't find the answer there, please contact us.