Islamic law and the crisis of the Reconquista : the debate on the status of Muslim communities in Christendom / by Alan Verskin.
2015
KBP56 .V47 2015 (Map It)
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Details
Author
Title
Islamic law and the crisis of the Reconquista : the debate on the status of Muslim communities in Christendom / by Alan Verskin.
Published
Leiden ; Boston : Brill, [2015]
Copyright
©2015
Call Number
KBP56 .V47 2015
Former Call Number
Islam 190 V615 2015
ISBN
9789004283190 (hardback : alk. paper)
9004283196 (hardback : alk. paper)
9789004284531 (e-book)
9004284532 (e-book)
9004283196 (hardback : alk. paper)
9789004284531 (e-book)
9004284532 (e-book)
Description
x, 202 pages ; 24 cm.
System Control No.
(OCoLC)893099436
Summary
"The Reconquista left unprecedentedly large numbers of Muslims living under Christian rule. Since Islamic religious and legal institutions had been developed by scholars who lived under Muslim rule and who assumed this condition as a given, how Muslims should proceed in the absence of such rule became the subject of extensive intellectual investigation. In this book, Alan Verskin examines the way in which the Iberian school of Maliki law developed in response to the political, theological, and practical difficulties posed by the Reconquista. He shows how religious concepts, even those very central to the Islamic religious experience, could be rethought and reinterpreted in order to respond to the changing needs of Muslims"--Page 4 of cover.
Bibliography, etc. Note
Includes bibliographical references (pages 175-199) and index.
Record Appears in
Table of Contents
Acknowledgments
ix
Introduction
1
Historical Overview
3
The Jurists on Muslim-Christian Relations
6
The Works of al-Wansharisi on the Mudejars
11
Modern Analyses of the Maliki Position on the Mudejars
18
The Genre of the Sources
26
1.
The Concept of Hijra (Migration) in Medieval Iberia and the Maghrib
31
Hijra in the Early Islamic Period
31
Practicing Hijra in the Maghrib: Fatimids, Almoravids and Almohads
34
The Maliki Jurists and the Concept of Hijra
38
Egyptian Malikis and the Concept of Hijra
48
Another Source of Prohibition Against Living in Non-Muslim Territory
52
Conclusion
60
2.
The Status of the Mudejar Religious Leadership According to Maliki Law
61
Juristic Thought Prior to the Fourteenth Century
63
The Fall of the Almohads and the Emergence of New Attitudes Toward the Mudejar `Ulama'
68
3.
Life, Family and Property in the Abode of War
83
The Views of Malik b. Anas and His Early Disciples
83
The Views of the Pre-Reconquista Era Maliki Jurists
86
Maliki Law During the Reconquista
93
4.
European Rule in the 19th-Century Maghrib and the Reception of Reconquista-Era Law
106
The French in the Maghrib, 'Abd al-Qadir, and the Response of the Jurists
106
'Abd al-Qadir on Hijra and Living under Christian Rule
114
Fatwas which Limit Hijra and Give Support to Muslims Who Live under Christian Rule
119
Al-Wazzani on Living under Christian Rule
124
Non-Juristic Approaches to the Issue of Non-Muslim Rule
129
Conclusion
133
Appendix A
137
Al-Wansharisi: On the Leader of the Muslims of Christian Marbella
Appendix B
144
Al-Wansharisi's Asna al-matajir
Introduction
146
Evidence from the Qur'an
147
Ibn Rushd (d. 520/1126) Prohibits Residence in the Abode of War
152
A Discussion of the Views of Ibn Rushd
153
Evidence from the Hadith
154
Ways of Reconciling Contrary Hadiths on Migration
155
Excerpts from Ibn al-Arabi's Works on the Status of Muslims Who Fail to Migrate
156
Ibn al-'Arabi: Even Those Who Barely Qualify as Muslims Because They Had Improper Conversions Receive Protection for their Lives and Property
157
Disagreements Regarding the Kinds of Protection Afforded to Muslims Living in the Abode of War
158
Does Islam or the Abode of Islam Provide Protection?
160
The Law Regarding Those Who Defame the Abode of Islam
164
The Legal Credibility of Muslims Who Reside in the Abode of Unbelief
167
The Legitimacy of Judges and Professional Witnesses Who Reside in the Abode of Unbelief
167
The Fate in the Hereafter of Muslims Who Live in the Abode of Unbelief
170
Is There Such a Thing as "Thought Crime" in Islamic Law or are Punishments Only for Evil Acts?
171
Conclusion
173
Bibliography
175
Sources in Arabic
175
Non-Arabic Secondary Sources
183
Index
200