The Organization of the Chief Justice (Qadi al-Qudat) in the Islamic World مقاله

چکیده:

And the influence it held over caliphs and rulers often became a source of envy, suspicion, and resentment from others. Although there was no age requirement for the appointment of the Qadi al-Qudat, it was customary for candidates for this position to be over forty years old. Nevertheless, al-Razi, the Abbasid Caliph, appointed Abu al-Husayn Umar to this position at the age of 29. The appointment of the Qadi al-Qudat was accompanied by ceremonies and protocols that began after the reading of the Caliph's decree. The judicial, administrative, and religious powers of the Qadi al-Qudat were extensive and diverse. In the decrees issued by caliphs to the Qadis, the breadth and scope of their authorities were also written. While the title 'Qadi al-Qudat' was used in the East of the Islamic world, in the West of the Islamic world, the title 'Qadi al-Jama'ah' was common. The title 'Aqdi al-Qudat' was also prevalent in the East of the Islamic world, but it seemed lower than Qadi al-Qudat. With the rise of the Ottoman Turks, the organization of the Qadi al-Qudat transformed into the organization of the Shaykh al-Islam. During the Abbasid era, with the expansion of Islamic territories during the caliphate of Harun al-Rashid, and with this dynasty's inclination toward the Sasanian administrative-political structure, the organization of the Qadi al-Qudat was founded by Arabizing the Persian terms 'Mobad Mobadan' or 'Dadhur Dadhuran'. Abu Yusuf al-Ansari, the prominent student of Abu Hanifa and the first Qadi al-Qudat of the Islamic world, played a significant role in the expansion of the Hanafi school, as the Hanafi school was the official school of the Abbasid Caliphate, and judges and Qadis were selected from the followers and supporters of this school. After some time, with the establishment of the Fatimid state in Egypt, the Qadi al-Qudat had to be an Ismaili Shiite. Following the collapse of the Fatimid dynasty in Egypt and the establishment of the Ayyubid state, they appointed Qadis from the four official Sunni schools. With the rise of the Mamluks in Egypt and the Levant, they selected the Qadi al-Qudat from among the Shafi'is. After the overthrow of the Mamluks by the Ottoman Turks and the dominance of the Ottomans over the Arab-Islamic caliphate (1516-1918 AD), the Hanafi school became the official school of the country, while the Maliki and Shafi'i schools persisted alongside it. Muhammad Ali Pasha (1807-1840) brought unity to the judicial proceedings for the Hanafi school. The Qadi al-Qudat, as the holder of the highest judicial position in the country and due to his proximity...