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Fatwas and Court Judgments: A Genre Analysis of Arabic Legal Opinion uses a genre analysis approach to investigate how Arabic legal opinion is linguistically and rhetorically constructed in two culturally significant types of texts: secular court judgments and fatwas, the Islamic edicts based on sharii’a law. Ahmed Fakhri’s analysis shows that the court judgments exhibit several Western-inspired features, particularly the complexity of syntax and the rhetorical moves utilized to construct arguments. But the fatwas maintain conventional Arabic patterns of persuasion, such as citing religious texts, relying on affective appeal, and offering moral advice. Showing how these two radically different rhetorical traditions coexist, Fatwas and Court Judgments totally re-conceptualizes Arabic legal argumentation by highlighting its diverse sources and hybridity.
The differences between the two genres stem from elements of their socio-cultural context, such as the role relations of the participants and the characteristics of the institutions to which the genres belong. Moving beyond these contexts, Fatwas and Court Judgments reveals generic practices that have broad implications for understanding various aspects of wider Arab culture, including the tension between modern secular ideologies and traditional religious beliefs, the male-dominated access to discourse, and the prevalence of utilitarian attitudes exhibited in “fatwa shopping.”
The differences between the two genres stem from elements of their socio-cultural context, such as the role relations of the participants and the characteristics of the institutions to which the genres belong. Moving beyond these contexts, Fatwas and Court Judgments reveals generic practices that have broad implications for understanding various aspects of wider Arab culture, including the tension between modern secular ideologies and traditional religious beliefs, the male-dominated access to discourse, and the prevalence of utilitarian attitudes exhibited in “fatwa shopping.”
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About the Author:
Ahmed Fakhri is associate professor of linguistics at West Virginia University.
Review:
“The main argument of Fatwas and Court Judgments: A Genre Analysis of Arabic Legal Opinion is that Arabic legal genres are strongly bound to their social, economic, and political context, and that therefore their linguistic and discourse features can be explained by this relationship. This is an outstanding study in the framework of Arabic scholarship, which I found inspiring and convincing.” ―Manuel Fería García, Universidad de Granada
"About this title" may belong to another edition of this title.
- PublisherOhio State University Press
- Publication date2014
- ISBN 10 0814212441
- ISBN 13 9780814212448
- BindingHardcover
- Edition number1
- Number of pages157
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Fatwas and Court Judgments: A Genre Analysis of Arabic Legal Opinion
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Ohio State University Press
(2014)
ISBN 10: 0814212441
ISBN 13: 9780814212448
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Fatwas and Court Judgments A Genre Analysis of Arabic Legal Opinion
Published by
Ohio State University Press
(2014)
ISBN 10: 0814212441
ISBN 13: 9780814212448
Used
Hardcover
Quantity: 1
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Book Description Hardcover. Condition: As New. Text clean and tight; no dust jacket; 9.20 X 6.20 X 0.60 inches; 157 pages. Seller Inventory # 199012
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