Appeal

by Powers, David S.

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Appeal denotes both the right to question the validity of a judicial decision and the protocols for its reversal. Scholarly consensus for much of the twentieth century held that the decision (ḥukm) of a qāḍī is final and irrevocable, that a judge may not change his mind once he has rendered his decision, and that a judgement may not be reversed under any circumstances. According to Schacht (Introduction , 189; cf. Tyan), for example, “[T]here is no means of reversing an unjust judgement, becaus…

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Summary

Appeal denotes both the right to question the validity of a judicial decision and the protocols for its reversal. Scholarly consensus for much of the twentieth century held that the decision (ḥukm) of a qāḍī is final and irrevocable, that a judge may not change his mind once he has rendered his decision, and that a judgement may not be reversed under any circumstances. According to Schacht (Introduction , 189; cf. Tyan), for example, “[T]here is no means of reversing an unjust judgement, because strict Islamic law does not recognise

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Publication Statements

  • Publisher(s):Brill
  • Language:eng

Edition Identifiers

  • wc:ALei1042

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