Get 20M+ Full-Text Papers For Less Than $1.50/day. Start a 14-Day Trial for You or Your Team.

Learn More →

Settlement of property disputes in provincial Egypt: The reinstitution of courts in the early Islamic period

Settlement of property disputes in provincial Egypt: The reinstitution of courts in the early... © Al-Masāq, 6 (1993): 95-105 Articles SETTLEMENT OF PROPERTY DISPUTES IN PROVINCIAL EGYPT: THE REINSTITUTION OF COURTS IN THE EARLY ISLAMIC PERIOD Gladys Frantz-Murphy Regis University, Denver Based on Greek, Coptic and Arabic documents from Egypt, I will present the forms of evidence accepted in arbitration from the early sixth century to the mid-eleventh century. I will then discuss the role of professional witnesses in the Arabic documents. Third, I will discuss the failure of Greek and Coptic arbitration as evidenced in the documents. Finally, I will present evidence that the Coptic population opted for Muslim courts even though Arabs/Muslims constituted a very small proportion of the population of Egypt. Arabic documents indicate the forms of admissable evidence as: (1) testimony, (2) sworn testimony, and (3) documents. Documents them- selves could be used as evidence. Hujja, a generic term for evidence, is well- attested in the Arabic documents meaning specifically "document", "proof, "allegation", and "evidence". Following are examples of each of these usages in the documents. An example of hujja meaning "evidence" occurs in a document ending a property dispute. APEL no. 138 is the execution of an arbitrated settlement, a "consent decree", the latest such document among those http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Al-Masaq: Journal of the Medieval Mediterranean Taylor & Francis

Settlement of property disputes in provincial Egypt: The reinstitution of courts in the early Islamic period

Settlement of property disputes in provincial Egypt: The reinstitution of courts in the early Islamic period

Abstract

© Al-Masāq, 6 (1993): 95-105 Articles SETTLEMENT OF PROPERTY DISPUTES IN PROVINCIAL EGYPT: THE REINSTITUTION OF COURTS IN THE EARLY ISLAMIC PERIOD Gladys Frantz-Murphy Regis University, Denver Based on Greek, Coptic and Arabic documents from Egypt, I will present the forms of evidence accepted in arbitration from the early sixth century to the mid-eleventh century. I will then discuss the role of professional witnesses in the Arabic documents. Third, I will discuss the failure of...
Loading next page...
 
/lp/taylor-francis/settlement-of-property-disputes-in-provincial-egypt-the-reinstitution-0myL0tmJam
Publisher
Taylor & Francis
Copyright
Copyright Taylor & Francis Group, LLC
ISSN
1473-348X
eISSN
0950-3110
DOI
10.1080/09503119308577000
Publisher site
See Article on Publisher Site

Abstract

© Al-Masāq, 6 (1993): 95-105 Articles SETTLEMENT OF PROPERTY DISPUTES IN PROVINCIAL EGYPT: THE REINSTITUTION OF COURTS IN THE EARLY ISLAMIC PERIOD Gladys Frantz-Murphy Regis University, Denver Based on Greek, Coptic and Arabic documents from Egypt, I will present the forms of evidence accepted in arbitration from the early sixth century to the mid-eleventh century. I will then discuss the role of professional witnesses in the Arabic documents. Third, I will discuss the failure of Greek and Coptic arbitration as evidenced in the documents. Finally, I will present evidence that the Coptic population opted for Muslim courts even though Arabs/Muslims constituted a very small proportion of the population of Egypt. Arabic documents indicate the forms of admissable evidence as: (1) testimony, (2) sworn testimony, and (3) documents. Documents them- selves could be used as evidence. Hujja, a generic term for evidence, is well- attested in the Arabic documents meaning specifically "document", "proof, "allegation", and "evidence". Following are examples of each of these usages in the documents. An example of hujja meaning "evidence" occurs in a document ending a property dispute. APEL no. 138 is the execution of an arbitrated settlement, a "consent decree", the latest such document among those

Journal

Al-Masaq: Journal of the Medieval MediterraneanTaylor & Francis

Published: Jan 1, 1993

There are no references for this article.