「二重のワクフ」訴訟 : 19世紀イランのシャリーア法廷
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概要
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The purpose of this article is to describe the process of a series of lawsuits in Qajar Tehran, and to examine the legal procedure and customs of Qajar shari'a courts. Though the role of 'ulama and their relation with the state is one of the major issues in Qajar studies, studies on their activity in shari'a courts had been neglected until quite recently, since there are very few so-called "shari'a court registers" (sicillat in Ottoman context) from Qajar Iran. Also, other documentary sources are scattered, and difficult to access to them. The recent study made by Ch. Werner solved this situation. Basing on the analysis of private deeds, he indicates that what can be called the shari'a court in Qajar Iran was a kind of notary's office operated by individual 'ulama. There was no central court at all, and 'ulama accomplished their duty without any appointment to offices or ranks by the state. However, a question still remains how 'ulama played the role of judge who decided on legal cases and how was their relation with the state, which was said to have the other court of justice, "'orf court." In this article I take one legal case and analyzing the legal procedure seen in its course The case was concerned with so-called "doubled waqf". The file, which I found in the archive of Vaqf Organization in Tehran, contained two waqf deeds and fifty two other documents. They show that a village located in the west suburb of Tehran, was endowed as waqf twice by different persons for different purposes. Since waqfs must be perpetual in theory, this situation was quite exceptional and caused conflicts between two parties. Each party tried to establish its right on waqf property, and petitioned to the state and sued at court of 'ulama. The 'ulama issued hokms, and the state coped with them. The actions of the two parties and reactions of the 'ulama and the state to them are examined. The case shows that the function of shari'a court as the court of justice was very similar with that court as the notary office. It legally confirmed and documented the right of individuals by issuing hokms. Plaintiff brought the hokms to the state and petitioned to execute the hokms. There was no central court, and 'ulama issued hokms individually without any official ranks. Major element which had influence on the 'ulama's decisions is hokms issued by high ranking 'ulamas in 'Atabat. Here we can see the formation of the new religious and judicial institution: marja'-e taqlid.
- 日本中東学会の論文
- 2004-03-31
著者
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