The Intricacies and Realities of Judicial Practice in the Islamic Mashreq: A Study of Judge Al-Tanukhi’s 'Nishwar al-Muhadara wa Akhbar al-Mudhakara'

Abstract

This research examines the personality of Judge Al-Muhsin bin Ali Al-Tanukhi (d. 994 AD / 384 AH) and the impact of his judicial experience and literary talents on documenting the history of the judiciary and society during the Abbasid era, especially in the fourth century AH. The research focuses on his book 'Nishwar al-Muhadara wa Akhbar al-Mudhakara' as it is a historical document that conveys news that was not mentioned in official works about events that took place behind the scenes of the courts. It sheds light on the relationship between judges and governors in the Buyid era. The research also addresses how judges were appointed and dismissed, highlighting the conflict between the judge’s independence, which was based on the strength of jurisprudence and Sharia, and the power of the authority to impose its will. As well as the emergence of unusual cases in the appointment of judges, such as guarantees and mediations. The research points to the scientific value of the book in addressing the history which is not found in the annals, through a methodology that relies on direct transmission, continuous narration, and description of the real events that he witnessed, which made the book an important reference in studying the administrative and judicial system prevalent in the Islamic East in that era.