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Les "premiers" cadis de Fusṭāṭ et les dynamiques régionales de l'innovation judiciaire (750-833)

Abstract : This article recounts the judicial innovations that developed in Egypt during the early Abbasid caliphate, through an analysis of qāḍī-s who were the first to adopt a legal practice. The Egyptian legal milieu, which was critically committed to the Medinese school, had some influence in the middle of the 2nd/8th century as far as the Abbasid court, which developed partly its centrality by assimilating provincial models. In return, the attraction of several prominent jurists or qāḍī-s to Bagdad caused the adoption, in Fusṭāṭ, of new judicial practices inspired by Iraqi models. Centralisation of judgeship under al-Manṣūr and his successors, who send in Egypt a series of qāḍī-s trained in Iraq, increased even more the influence of Iraqi practices on the court of Fusṭāṭ. As a paradox, the reinforcement of central authority on the Egyptian judgeship set also in motion a dynamic of local innovations: the designation in Fusṭāṭ of non-Egyptian qāḍī-s caused a reorganisation of the court at the turn of the 3rd/9th century, in particular by the creation of new networks and the setting up of a body of professional witnesses, an institution which spread in other provinces of the caliphate.
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Mathieu Tillier. Les "premiers" cadis de Fusṭāṭ et les dynamiques régionales de l'innovation judiciaire (750-833). Annales Islamologiques, Institut Français d'Archéologie Orientale, 2011, 45, pp.214-242. ⟨halshs-00676563⟩

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