"Al-hukm bi's-sihha" and "al-hukm bi'l-mûjab" in the Mamluk judiciary

The issue of the registration of judicial decisions in Islamic law has been the subject of a separate study among jurists since the early periods. In the Mamluk period, the multi-madhab structure of the judicial system as a result of the appointment of Chief Qadis from four different school of law brought to the agenda how to make the judgement taken in the courts of different madhabs binding on other courts and how to register these decisions. In this context, a small-scale literature has emerged regarding the two concepts used in registration during the Mamluk period, namely, the concepts of al-hukm bi's-sıhha and al-hukm bi'l-mûjab. This study first examines the reasons for the emergence of the literature on al-hukm bi's-sıhha and al-hukm bi'l-mûjab and tries to determine the scope of the literature. Then, by focusing on the texts of Zayn al-Dīn Ibn Nujaym, it discusses how these concepts are used within the logic of legal reasoning. Finally, by taking into consideration the legal documents from the Mamluk period that were registered with these concepts, it is evaluated how the concepts may have been used in practice.