Law, Society and Culture in the Maghrib, 1300-1500Focusing on the Maghrib in the period between 1300 and 1500, in this 2002 book David Powers analyses the application of Islamic law through the role of the mufti. To unravel the sophistication of the law, he considers six cases which took place in the Marinid period on subjects as diverse as paternity, fornication, water rights, family endowments, the slander of the Prophet and disinheritance. The source for these disputes are fatwas issued by the muftis, which the author uses to situate each case in its historical context and to interpret the principles of Islamic law. In so doing he demonstrates that, contrary to popular stereotypes, muftis were in fact dedicated to reasoned argument, and sensitive to the manner in which law, society and culture interacted. The book represents a groundbreaking approach to a complex field. It will be read by students of Islamic law and those interested in traditional Muslim societies. |
Contents
The Case of alHaskūrī | 53 |
A Riparian Dispute in the Middle Atlas Mountains | 95 |
Figures and Tables | 99 |
Conflicting Conceptions of Property in Fez 74182613401423 | 141 |
Sharifism Sufism | 167 |
Two Fatwas on Tawlij ca 8801475 | 206 |
ང | 216 |
The Mufti | 229 |
| 249 | |
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Common terms and phrases
Ã'isha Abd al-Raḥmān Abū Abdallah Muḥammad Abū al-Faraj Abū Zayd Abd acknowledgement aforementioned Aḥmad al-'Ula al-Andalus al-Haskūrī al-Rahman al-Sarifi al-Sharif al-Șughayyir al-Tazaghdri al-Tunbukti al-Walidi al-Wansharisi Ali's Almohad argument asserted Beirut beneficiaries Berber Cairo Cambridge century cited claim Dār death descendants dinārs dispute diversion dams divorce document downstream community E.J. Brill entitled established fact father Fățima fatwa fatwās fiqh fornication ḥadd punishment ḥadīth Ibid Ibn Abi Ibn al-Qāḍī Ibn Īsā Ibn Juzayy Ibn Marzuq Ibn Rushd Ibn Zaghū idem ijtihad irrigation Islamic inheritance Islamic Law judgment jurists Khannūsa Kitāb legal doctrine litigants madhhab Maghrib Makhlūf Maliki Marinid Mi'yār Miyar Mudawwana mufti Muḥammad Muslim mustafti musulman plaintiffs prophetic descent qāḍī Qur'an Rabat regard residents of Mazdgha residents of Zgane response Salim seller Shajara sharifs shubha social specified Sufism Sultan surplus tawlij testimony Tlemcen transactions University Press upstream community Uthman wadi witnesses Zāghū