Al-Kitāb al-Ḥukmī (الكتاب الحكمى) in Islamic Legal Tradition
Definition
Al-Kitāb al-Ḥukmī (الكتاب الحكمى) refers to a formal judicial letter or document transmitted from one Qāẓī (Islamic judge) to another, particularly when the defendant involved in a legal suit resides at a considerable distance. This document serves as a transcript of real evidence, ensuring that the judicial process is not hindered by geographical constraints.
Etymology and Translations
- Arabic: الكتاب الحكمى (Al-Kitāb al-Ḥukmī)
- Al-Kitāb: “The book” or “letter”
- al-Ḥukmī: “of judgment” or “judicial”
- Turkish: Hukuki Mektup
The term combines the Arabic words “Al-Kitāb,” meaning letter or book, indicating a formal written document, and “al-Ḥukmī,” derived from “Ḥukm,” meaning judgment or ruling, reflecting its judicial nature.
Role and Significance
The principal function of Al-Kitāb al-Ḥukmī is to facilitate continuity and consistency in the judicial process when direct face-to-face interaction is not possible between the parties involved. It ensures:
- Legal Continuity: Maintaining the integrity of legal proceedings regardless of physical location barriers.
- Transparency: Providing a written transcript of real evidence admissible in court, ensuring the clarity and authenticity of shared information.
- Judicial Cooperation: Strengthening collaborative judicial relationships within the dispersed Islamic territories.
Usage Context
Typically used in situations involving lawsuits where the defendant is situated far from the location of the initial legal filing, Al-Kitāb al-Ḥukmī serves as an indispensable tool in Islamic jurisprudence.
Recommended Books for Further Study
- “Islamic Legal Orthodoxy: Twelver Shiite Responses to the Sunni Legal System” by Devin J. Stewart
- “Principles of Islamic Jurisprudence” by Mohammad Hashim Kamali
- “Classical Islamic Law: A Primer” by Wael B. Hallaq
- “Islamic Law and the State: The Constitutional Jurisprudence of Shihāb al-Dīn al-Qarāfī” by Sherman A. Jackson
Takeaways and Conclusion
Understanding Al-Kitāb al-Ḥukmī offers valuable insights into how Islamic legal systems manage procedural challenges and ensure justice across distances. It reflects the adaptability and rigor of Islamic jurisprudence, emphasizing the importance of maintaining judicial integrity through document-based evidence.
This mechanism highlights the sophistication and collaborative nature of Islamic judicial practices, showcasing their ability to address and resolve issues that arise from geographical separations.
