Qada
Qada refers to a judicial ruling issued by a qadi (judge) in a court of Islamic law. Unlike a fatwa, which is a non-binding legal opinion, a qada is binding and enforceable. The term derives from the Arabic root qa-da-ya (قضي), meaning “to judge” or “to decide.”
- Arabic: قضاء (Qada)
- Turkish: Kaza
Function and Scope
Qada decisions are issued by a qadi in response to specific cases and circumstances needing legal resolution. The rulings are based on recognized legal precedents within the framework of Islamic law. Although a qadi may consult a fatwa or request one to help determine the legal outcome of a case, they are not obliged to follow it.
Characteristics
- Binding Nature: Unlike a fatwa, a qada must be obeyed.
- Issued by a Qadi: Only a legitimate qadi can issue a qada.
- Based on Precedent: Qada decisions are grounded in established legal principles and precedents.
- Judicial Context: Usually issued within the context of a Muslim judiciary system.
Further Reading
- N. J. Coulson, A History of Islamic Law
- Rudolph Peters, Crime and Punishment in Islamic Law
- Wael B. Hallaq, The Origins and Evolution of Islamic Law
Takeaways
- Qada is a binding judicial decision, unlike a non-binding fatwa.
- Issued by a qadi, it is enforceable in a court of Islamic law.
- Based on recognized legal precedents tailored to specific cases.
Conclusion
Understanding qada is essential for comprehending the Islamic judicial system and how legal disputes are resolved within Islamic law, distinguishing the binding nature of a qadi’s decisions from the advisory nature of a fatwa.
This entry outlines the essential aspects of qada. If you need a deeper dive into the intricacies of Islamic legal systems and judicial rulings, the suggested readings provide a comprehensive background.
