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The Judges’ Assistant for Issues Raised by Adversaries at Law

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The Judges’ Assistant for Issues Raised by Adversaries at Law
Mu’in al-Hukam fi-ma Yataraddudu bayn Khusmin al-Ahkam (The judges’ assistant for issues raised by adversaries at law) is a handbook of Islamic law procedure. It was written in the 15th century by ‘Ali ibn Khalil al-Tarabulsi, also known as ‘Ala’ al-Din ibn al-Hasan ‘Ali ibn Khalil al-Tarabulsi (or al-Tarabulusi), a Hanafi jurist in Jerusalem. After introducing his book with references to the singular importance of al-shari’ah (Islamic law) in the Qur’an and among the prophets, al-Tarabulsi proceeds to explain that he wrote in order to elucidate the principles underlying his profession. In general, he notes, most law books are mere abridgments of cases and judgments. In contrast, he seeks to explain al-ghawamidh (the obscure principles) of al-fann (his art). In addition to pursuing these lofty claims, he covers everyday matters, such as the jurisdiction of judges, their status, and compensation for their various services. He cites many legal decisions, often with no theoretical discussion. Not much is known of al-Tarabulsi’s life, and this may be his only extant work. The book was “corrected, edited, and revised” by Husayn Afandi al-Asyuti and was issued at the Bulaq print works in Cairo under the direction of its long-term supervisor Husayn Husni. This edition was published in 1883; it was reprinted by the Bulaq Press in 1892.

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