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ʿUdūl in the Practice of Islamic Law: Notarial Ledgers from 19th-Century Tunisia

Resource type
Author/contributor
Title
ʿUdūl in the Practice of Islamic Law: Notarial Ledgers from 19th-Century Tunisia
Abstract
Abstract This article analyzes ‘udūl ledgers from southern Tunisia in the late 19th-century to answer two questions: how useful are they as a source for historical study, and what can they tell us about the role of ‘udūl in the daily practice of Islamic law? On the first question, I suggest the ledgers are likely a reliable source of history and constitute an untapped archive for an understudied region. I also offer a guide to deciphering their difficult pages. On the second question, I suggest that the function of ‘udūl in the practice of Islamic law was more significant than previously recognized. Far from being mere judges’ assistants, notaries were independent legal practitioners who served broad segments of society with their scribal skills, provided a stable foundation for the enforceability of contracts and the establishment of facts, and likely intervened in the agreements they recorded, educating the parties on the relevant law and helping to resolve disputes.
Publication
Islamic Law and Society
Publisher
Brill
Place
Leiden
Date
2025
Volume
35
Issue
4
Citation Key
masmoudiUdulPracticeIslamic2025
Accessed
11/7/25, 1:40 PM
Short Title
ʿUdūl in the Practice of Islamic Law
Language
eng
Citation
Masmoudi, I. A. (2025). ʿUdūl in the Practice of Islamic Law: Notarial Ledgers from 19th-Century Tunisia. Islamic Law and Society, 35(4). https://doi.org/10.1163/15685195-bja10076