© Koninklijke Brill NV, Leiden, 2008 DOI: 10.1163/156851908X287271
Islamic Law and Society 15 (2008) 1-19 www.brill.nl/ils
Islamic Law
and
Society
eme Issue: Shifting Perspectives in the Study of
Shari ʿa Courts: Methodologies and Paradigms
*
Introduction
Iris Agmon and Ido Shahar
Abstract
In this essay, we aim at placing the articles included in this theme issue in the
wider context of the field by examining two general questions: First, why has the
shariʿa court and its associated socio-legal arena received little scholarly attention
until the 1990s? Second, why has this situation changed in the last decade? Until
recently, most scholars working in Islamic legal history, social history and legal
anthropology were hardly interested in the courts and their legal practices. We
argue that this omission was caused by the academic traditions that shaped these
three sub-disciplines and that established a division of labor between and among
them. In addition, we argue that the recent spike in interest in shariʿa courts in
all three sub-disciplines is a result of internal criticism within each field and of
broad methodological and epistemological changes in the humanities and social
sciences.
Keywords
shariʿa courts, sijill, historiography, social history, legal history, legal anthropology,
methodology
Correspondence: Iris Agmon, Department of Middle East Studies, Ben Gurion University,
Beer Sheva 84105, Israel. E-mail: iris.agmon@gmail.com
Ido Shahar, Post-doctoral Fellow, Department of Sociology and Anthropology, e Hebrew
University of Jerusalem, Jerusalem 91905, Israel. E-mail: idoshah@gmail.com
*)
We are grateful to David Powers and Aharon Layish for their helpful suggestions and
generous assistance in preparing this theme issue. We also thank Ursula Woköck for her
invaluable advice.