Qadi

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Qadi (also known as Qazi and Kadi) (Arabic: قاضي) is a judge ruling in accordance with the sharia, Islamic religious law. Because Islam makes no distinction between religious and secular domains, qadis traditionally have jurisdiction over all legal matters involving Muslims. The judgment of a qadi must be based on ijma, the prevailing consensus of the ulema, Islamic scholars. Charges of favouritism and corruption against qadis are as ancient in Islam as anti-clericalism is in the West.

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[edit] Religious and judicial roles

In the Islamic world, under constitutional government, such as Turkey, where sharia is not the basis for the legal system, the term qadi is still used to identify judges or magistrates.

In countries that practice a hybrid legal system such as Egypt, a qadi makes an initial ruling in all civil and criminal matters. In some Islamic countries, the position of qadi, formerly reduced to simply being responsible for the initial hearing of cases or even abolished in the process of Westernization, has been recently reinstated, as in some Islamic provinces of northern Nigeria. When it involves a severe penalty, his decision has to be approved by a Mufti, certainly in capital punishment cases, to ensure that verdict is in compliance with the Islamic law.

In Turkey, qadis were appointed by the Veliyu l-Emr. With the reform movements, secular courts have replaced qadis, but they formerly held wide ranging responsibilities:

... During Ottoman period, [qadi] was responsible for the city services. The charged people such as Subasi, Bocekbasi, Copluk Subasisi, Mimarbasi and Police assisted the qadi, who coordinated all the services." [From History of Istanbul Municipality, Istanbul Municipality (in Turkish).]

[edit] Mayotte governorship

On the island of Mayotte, one of the Comoro Islands, the title qadi was used for Umar who governed it from 19 November 1835 to 1836 after its conquest by and annexation to the Sultanate of Ndzuwani (Anjouan).

Abû Zayd pleads before the Qadi of Ma'arra (1334).
Abû Zayd pleads before the Qadi of Ma'arra (1334).

[edit] Spanish derivation

"Alcalde", the Spanish term for the mayor of a town or city, is derived from Arabic al-qadi ( قاضي,) - The Qadi. This reflects the fact that, at least in the early parts of the reconquista, the Moorish cities in the Iberian Peninsula were far bigger and more sophisticated than the Christian ones. As Spanish Christians took over an increasing part of territory, they adapted Moorish systems and terminology for their own use.

[edit] See also

[edit] Sources and references

  • Encyclopedia of the Orient: qadi
  • BEKIR KEMAL ATAMAN, "Ottoman Kadi Registers as a Source of Social History." Unpublished M.A. Thesis. University of London, University College London, School of Library, Archive and Information Studies. 1987.
  • Özhan Öztürk (2005). Karadeniz (Black Sea): Ansiklopedik Sözlük. 2 Cilt. Heyamola Yayıncılık. İstanbul. ISBN 975-6121-00-9
  • WorldStatesmen- Mayotte