In this excerpt from Quḍāt Qurṭuba, Khushanī (d. 361/971) describes a scene in which the humorous scholar and potential judge al-Aʿshā gives testimony (shahāda) in front of the judge al-Aswār b. ʿUqba. Afterward, the judge notes that al-Aʿshā’s proclivity for humor and jokes prevents him from discerning whether al-Aʿshā was serious in his testimony—a comment that, Khushanī claims, greatly embarrassed al-Aʿshā.In her chapter in Justice and Leadership in Early Islamic Courts, MaribelFierro uses this source to demonstrate the societal pressure to project a stern demeanor experienced by high-ranking members of the elite, even if they were educated and well versed in the law. The report also elucidates the profile of the ideal judge and paints a picture of societal norms at the time.
This source is part of the Online Companion to the book Justice and Leadership in Early Islamic Courts, ed. Intisar A. Rabb and Abigail Krasner Balbale(ILSP/HUP 2017)—a collection of primary sources and other material used in and related to the book.