This article presents the edition and translation of five unpublished notarial deeds that describe the purchase of lands for the benefit of the Maronite Patriarchate in the 9th/15th century. They attest the recognition of this... more
This article presents the edition and translation of five unpublished notarial deeds that describe the purchase of lands for the benefit of the Maronite Patriarchate in the 9th/15th century. They attest the recognition of this ecclesiastical institution by the Mamluk authorities, so that its representatives could conclude transactions on its behalf, before the deputy of the shāfi‘ī qadi. The Patriarchate respects and uses the Islamic legal and notarial doctrine which regulates commercial practices between dhimmī-s but also between Muslims and non-Muslims. These documents provide, in addition, information on the status and nature of lands in this area, and on the amount of kharāj. The fifth deed, drawn up by a Christian notarial authority, reflects the autonomy of dhimmī institutions under the Mamluks; its reproduction and preservation also highlight the need of the Patriarchate to provide proof of ownership of its immovable property at any time.
Role means part. Judiciary means the organ of State to interpret the laws made by the legislature and implemented by the executive. Promotion means advancing the cause of a thing. Tolerance means forbearance. Society is the name of... more
Role means part. Judiciary means the organ of State to interpret the laws made by the legislature and implemented by the executive. Promotion means advancing the cause of a thing. Tolerance means forbearance. Society is the name of organization of individuals for a common goal and its biggest form in a territory, with population, government and sovereignty is called a state.
A state is to maintain internal peace and order and defend against external aggression. All departments of the State work in harmony, cooperation and coordination in the interest of the people. Human nature is such that there are levels of understanding a thing which creates misunderstanding and thus disputes do arise which are again of various degrees and dimensions. Such disputes can be controlled by timely action and a little ignorance sometimes causes colossal harm or damage which does not remain confined to the disputants but also involves others. Every member of the society is to play his or her role in keeping the atmosphere cool and calm and let the society function in a balanced manner but the role of Judiciary seems to be of great importance and significance in this behalf. In this paper an attempt has been made to examine all possible dimensions of this role. Pakistan being an Islamic Republic hence validity of each action has been judged on the touchstone of the Injunctions of Islam i.e. the commandments and prohibitions as contained in the Holy Qur’an and Sunnah.
