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DIFFERING ROLES OF THE ''QADI''

In the Islamic World , under constitutional government, such as Turkey , where ''sharia'' is not the basis for the legal system, the term ''qadi'' is still used to identify judges or Magistrate s.

In countries that practice a hybrid legal system such as Egypt , a ''qadi'' makes an initial ruling in all civil and criminal matters. In some Islamic countries, the position of ''qadi'', formerly reduced to simply being responsible for the initial hearing of cases or even abolished in the process of Westernization , has been recently reinstated, as in some Islamic provinces of northern Nigeria . When it involves a severe penalty, his decision has to be approved by a Mufti , certainly in Capital Punishment cases, to ensure that verdict is in compliance with the Islamic law.

In Turkey, ''qadi''s were appointed by the ''Veliyu l-Emr''. With the reform movements, secular courts have replaced ''qadi''s, but they formerly held wide ranging responsiblites:
:... During Ottoman period, was responsable for the city services. The charged people such as Subasi, Bocekbasi, Copluk Subasisi, Mimarbasi and Police assisted the ''qadi'', who coordinated all the services." [From History of Istanbul Municipality, Istanbul Municipality - in Turkish


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REFERENCES

  • ''Encyclopedia of the Orient'': qadi

  • BEKIR KEMAL ATAMAN, "Ottoman Kadi Registers as a Source of Social History." Unpublished M.A. Thesis. University of London, University College London, School of Library, Archive and Information Studies. 1987.

  • Özhan Öztürk (2005). Karadeniz ( Black Sea ): Ansiklopedik Sözlük. 2 Cilt. Heyamola Yayıncılık. İstanbul. ISBN 975-6121-00-9