'Many political systems and theories define themselves in some way as "the rule of law not of men" - from Aristotle to modern constitutional democracy. This reflects aspirations for justice, rationality, and impartiality in political life. Such political theories often worry, however, that sometimes the application of the letter of the law might result in an injustice, and so allow that the law may be tempered by such considerations as equity or mercy. Islam is just such a worldview in this tradition, but has the added belief that its law comes not from history or a wise founder but from God, and thus represents perfect justice, rationality, and impartiality. How could the application of God's law ever be unjust? And yet premodern Islamic states also feared that the application of the divine law might result in injustice, and thus created certain institutions and practices to remedy this in the name of equity, chief among them being the maalim courts. For the first time, we have a full scholarly exploration of the theory and history of the maalim courts in pre-modern Islam. Written by the most creative and able scholar of Islam of his generation, this book deftly weaves together history, textual excavation, and expert comparative conceptual analysis. It will be read for decades to come.
' Andrew March, author of Islam and Liberal Citizenship.