نویسنده
عضو هیئتعلمی بنیاد دانشنامة جهان اسلام
چکیده
عنوان مقاله [English]
نویسنده [English]
Dastur: Resālah-yi dar fann-e qabalah-nevisi be ʿorf-e qozāt-e Fārs (Dastur: A Treatise on the Art of Legal Drafting According to the Practice of the Judges of Fars), is a manual of legal drafting by Qavām Mohammad Shirazi, critically edited and published by Omid Rezaei. Offering a brief introduction to the treatise, the author examines its significance for understanding the legal, judicial, and social systems of Iran in earlier periods. This lesser-known text sheds light on the traditional practices of drafting qabalahs and legal documents in Fars—where juridical knowledge was interwoven with the practical experience of scribes and prevailing judicial custom. The treatise’s primary focus is the protocol and rules governing the drafting of qabalahs and documents recording transactions and obligations, based on the customs and practices prevalent among the judges and administrative officials in Fars. The author aims to showcase proper drafting of a valid qabalah or legal document, outlining the necessary information it should include, and the considerations a scribe must adhere to in order to avoid ambiguity, disputes, and subsequent claims. Beyond being merely a manual on legal drafting, the book provides insights into the legal and economic structures within Fars society. The significance of the treatise lies not only in its treatment of the qabalah as an administrative record, but also as a legal instrument serving to establish ownership, transactions, and obligations. As such, the study of this treatise may prove valuable to scholars interested in legal history, the social landscape of Iran, the jurisprudence of transactions, bureaucratic and economic histories, as well as Persian legal documents and qabalahs.