Abduh framed sharia courts as guardians of family privacy

Evidence

But what is striking is the way Abduh approaches the basic social function of the shari¯‘a courts in terms of something that has come to be called “the family.” … These courts, he writes, intervene between husband and wife, father and son, a guardian and his ward, and between brothers. There is no right relating to kin over which these courts do not have jurisdiction. This means, says Abduh, that shari¯‘a judges look into matters that are very private and listen to what others are not allowed to hear. For even as they provide the framework of justice, so they are a depository for every kind of family secret. In other words, the courts are expected both to guard the privacy of the words and acts of domestic life and to work through the sentiments on which social life ultimately depends. — Talal Asad, Formations of the Secular, 1093 (#corroborates, via linked claim)

Categorization

• XREF: connects to: A reforming Muslim jurist reframed shari’a courts as guardians of family privacy — Talal Asad, Formations of the Secular:…, 1093; Shari’a courts function as a state-mandated depository of family secrets — Talal Asad, Formations of the Secular:…, 1094; Modern Muslim reformers redefined sharia into a private sphere of conscience — Talal Asad, Formations of the Secular:…, 1196 (+1 more)

Broader Connections

• A reforming Muslim jurist reframed shari’a courts as guardians of family privacy #corroborates (0.96) — Talal Asad, Formations of the Secular, 1093