Adab al-Qāḍi: Shared Juridical Virtues of Judaic and Islamic Leadership

Abstract

This paper argues for proximity between the two branches of a jurisprudential–adjudicative genre: manuals for judges or the etiquette for the judgeship. I wish to demonstrate that the proximity, lexicography, ways and tools of argument, etc., are founded upon a meta-legal stratum that contains kalam theology. In this paper, I will elaborate on the genre and its discovery, define some basic principles for the field of discussion, and provide textual examples of the proximities between the two branches of the genre based on pre-legal or meta-halachic demands. I suggest a preliminary result here and lay the groundwork for further research in the future: The criteria for the appointment of the true judge sketch out his idealized personality. He is more than an administrator of the judicial bureaucracy: he is a guide for the legally perplexed peoplehood, both in Judaism and Islam.