Papers by Ken'ichi Isogai
MIURA Toru(ed.), Comparative Study of the Waqf from the East : Dynamism of Norm and Practices in Religious and Familial Donations (Toyo Bunko, 2018), 2018
ISOGAI Ken’ichi Seven Fatwa Documents from Early 20th Century Samarqand: The Function of Mufti in... more ISOGAI Ken’ichi Seven Fatwa Documents from Early 20th Century Samarqand: The Function of Mufti in the Judicial Proceedings Adopted at Central Asian Islamic Court This article aims to show in detail the progress of a lawsuit brought into a local Islamic court in Samarqand province at the beginning of the 20th century by examining seven fatwa documents which were drawn up at that time by more than seven muftis, and by doing so, also attempts to explain the function assumed by muftis in the traditional judicial proceedings of Central Asia. Through the analysis of these documents, we came to the conclusion that, at least in pre-revolutionary Central Asia, muftis would not always issue fatwa to the party whose assertion they considered to be right. In other words, they would make every effort to fit their fatwa to the demand made by their client―i.e. plaintiff or defendant―by choosing legal opinions, which were suitable for the assertion of the client, from authoritative Hanafite juristi...
Uploads
Papers by Ken'ichi Isogai