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Law, Society and Culture in the Maghrib, 1300-1500

David S. PowersCornell University, New York

ISBN13: 9780521816915
ISBN: 0521816912
Published: June 2004
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £79.00



Despatched in 7 to 9 days.

Focusing on the Maghrib in the period between 1300 and 1500, 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 ground-breaking approach to a complex field. It will be read by students of Islamic law and those interested in traditional Muslim societies.

Subjects:
Legal History, Islamic Law
Contents:
Introduction
1. Kadijustiz or Qadi-justice? A paternity dispute from fourteenth-century Morocco
2. From Almohadism to Malikism
the case of al-Haskuri, the Mocking Jurist, c.
712-16/1312-16
3. A riparian dispute in the Middle Atlas mountains, c.
683-824/1285-1421
4. Conflicting conceptions of 0property in Fez, 741-826/13440-1423
5. Preserving the Prophet's honor: Sharifism, Sufism and Malikism in Tlemcen, 843/1439
6. On modes of judicial reasoning: two fatwas on Tawlij, c.
880/1475
Conclusion