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‘udūl (“notaries publicos”). Finally, the qāḍī of Tangier, al-‘Arabī, attended when the other jurists deemed his help necessary. 92 In addition, all the foreign states participating in the Mixed Court sent a representative. The tribunal held its first meeting on November 23, 1871, and met five times between then and its last meeting on June 27, 1872. It ultimately failed to resolve any claims, although it is not clear whether the Moroccan jurists deliberately sabotaged the effort or whether it simply proved too difficult to align the consular and Islamic legal systems effectively. Yet the consuls were convinced that the tribunal had failed due to the Muslim jurists’ bad faith. They wrote a scathing letter of complaint to the sultan explaining why they were no longer willing to participate in the mixed court: The undersigned, after a detailed and mature examination of each of the cases which was presented, have become firmly convinced that it is impossible to get justice for their nationals by applying the Muslim laws (the sharī‘a) in the decision of these claims. 93 After the mixed court project fell apart, the jurisdictional guidelines regulating the functioning of consular courts reverted back to the status quo. However, the proceedings of the Moroccan Tribunal and the difficulties encountered there were, in many ways, a microcosm of the interactions among consular and Islamic courts throughout the nineteenth century and something of a turning point in consular officials’ relationship with Moroccan legal institutions, as discussed in the following chapter. * * * The treaties and laws governing the jurisdiction of consular courts and the procedures they followed tell only part of the story. Consular courts’ day-to-day functioning and the impact of foreign diplomats on Moroccan politics were far more complex than these treaties suggest. 92 AGA, Caja M 9, Exp. no. 1 (81/9), Record book of the Tribunal Marroquí, p. 1. 93 “En ellas los infrascritos, después de un detenido y maduro examen de cada uno de los casos que se iban presentando, han adquirido la firme convección de que es imposible alcanzar justicia para sus nacionales aplicando las leyes musulmanes (el Sharaa) a la decisión de estas reclamaciones,” AGA, Caja M 9, Exp. no. 1 (81/9), Declaration by the members of the International Commission, 12 July 1872. 292
The following two chapters examine how Jews turned to foreigners in their attempts to resolve legal disputes. Chapter Eight discusses Jews’ use of consular courts, arguing that Jews who acquired patents of protection did not definitively leave the jurisdiction of Moroccan courts (either sharī‘a or Makhzan), but rather moved fairly fluidly among the various legal institutions in Morocco, including consular courts. Chapter Nine looks at how Jews petitioned foreign officials and international Jewish organizations when they felt their collective rights had been denied, arguing that Jews appealed to foreigners alongside their petitions to the Makhzan. Overall, these chapters argue that the spread of consular protection and the increasing political influence of foreign officials did not signify a dramatic transformation in the day to day legal lives of Moroccan Jews. While there is no question that Morocco’s legal system underwent profound transformations over the course of the nineteenth century, I argue that Jews’ quotidian interactions with legal institutions were characterized more by continuity than by change. 293
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IN THE COURTS OF THE NATIONS: JEWS,
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Abstract This dissertation examines
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Table of Contents Abstract………
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throughout the process was vital to
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and Arielle Rubenstein, Stephanie S
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Introduction This dissertation exam
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on the internal history of the Jewi
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cases they made up close to half of
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study of law in the Islamic world w
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of these institutions remain opaque
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and, for some individuals, appealin
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actors with agency and to understan
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many of those who espouse the neo-l
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In recent years, the neo-lachrymose
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alternative framework to that of au
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including courts—which were of pr
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Recently scholars working on the me
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We are left with two models of Jewi
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Legal pluralism is an approach to u
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orders. I also turn the focus from
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Nonetheless, the tendency of forum
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Legal pluralism does not explain wh
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Jewish communities were no less var
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is perhaps best attested by the fac
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To help remind readers that the thr
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abusive Makhzan officials, infringe
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Chapter One: Between Batei Din and
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went to batei din and sharī‘a co
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school relevant for our purposes is
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Jewish and Islamic legal systems re
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ehind, a large number were undoubte
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atei din generally, it does reflect
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Jews used batei din not only as not
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Jerusalem. 33 The collection consis
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(azraqu al-‘aynayn)—a trait for
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undoubtedly made much of their mone
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preventing members of the community
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‘udūl. 76 These ‘udūl, whose
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Eliyahu b. Ya'aqov Zohra bat Ya‘a
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and Muḥammad would return the mon
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Table 2.1 Types of Entries 2% 2% 2%
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allegation or deposition in a case
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court approximately once a week, ei
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The introduction of the “protecti
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ule; the ‘udūl almost always too
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documents would stand up as evidenc
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Empire. 49 A document in the Assarr
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legal procedure was relatively mino
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een optional as not all bills of de
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Qa‘da 1309 (June 12, 1892), two
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mostly meant extending credit on go
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Other release documents specify tha
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al-faqīh Aḥmad al-Filālī al-Ma
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Lease contracts, on the other hand,
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which was operated by Muslims durin
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Shalom’s knowledge of Islamic law
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elow). Although the majority of law
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weeks after the plaintiff filed the
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gathered twelve men who testified t
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whether the qāḍī accepted al-
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in the Assarraf collection indicate
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(ittifāqīyan) and were testifying
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In another instance of oath avoidan
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Sharī‘a courts provided a crucia
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agreement notarized according to Is
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ability and desire to move among di
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‘udūl. 14 Most real estate trans
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equire or benefit from adjudication
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Simultaneous Use of Jewish and Isla
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evidence from the nineteenth centur
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to sue other Jews in sharī‘a cou
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But what about intra-Jewish lawsuit
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ut for the most part this is a here
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the sum of three duoros per month.
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only in Jewish law. This happened i
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in the millāḥ of Marrakesh on Ap
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aware of Jewish law and sometimes t
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of a rabbi to determine the proper
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‘Aṭṭār, in order to find out
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Muslims’ jurisdictional boundary
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that they had successfully done so.
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the Moroccan legal system more broa
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translated as the territories under
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elatively scant work on the legal h
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law, even if they did not consisten
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abrupt end after his death, as the
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put it, “in all medieval Muslim s
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about its image in the eyes of fore
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an injustice or an act of oppressio
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In designing its new army, the Makh
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The Ministry itself, although in co
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Minister of Complaints, a man about
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It is not entirely clear whether th
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initial letters. 102 The convention
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whether the sultan simply failed to
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Chapter Five: Appeals to the Minist
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Jews and the Ministry of Complaints
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The nature of these sources prevent
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Causes for Complaint Most of the ap
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products (such as barley). 23 This,
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appears numerous times). 29 While t
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matter what their religious backgro
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when amounts are specified they ten
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cases which were ultimately settled
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Jews who had been robbed. 62 The su
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from July 28, 1892, a group of Jews
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nature of sharī‘a courts. 83 In
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legal proof of his claim. 91 It is
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the Jewish victims were compensated
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central government could only do so
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and Muslim was responsible for arra
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sometimes the Makhzan officials’
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A more formidable obstacle to settl
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The Jewish creditor, however, reque
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The practice of exaggerating the va
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official accused a Jew of falsifyin
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esolve disputes with their Jewish d
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property. 178 In this case, the Mak
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Chapter Six: Collective Appeals to
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frequency of Jews’ petitions acro
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The concentration of petitions duri
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“right”—as in, the rights to
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merchants serve as judges on a rota
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Makhzan officials at times evoked t
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The evidence of Jews’ appeals to
Page 251 and 252: governor). 46 The next winter the J
Page 253 and 254: along with a legal document contain
Page 255 and 256: Following this escalation of violen
Page 257 and 258: The governor of Debdou similarly pr
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Page 261 and 262: minister of foreign affairs, receiv
Page 263 and 264: Yet murder cases were not the only
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Page 267 and 268: In 1884 the Jews of Fez appealed to
Page 269 and 270: Although at first these appeals mig
Page 271 and 272: The Jews of Meknes appealed to the
Page 273 and 274: In other instances, Makhzan officia
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Page 279 and 280: complain about their muḥtasib, em
Page 281 and 282: Chapter Seven: Foreign Protection a
Page 283 and 284: Perhaps most important, however, is
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Page 287 and 288: of Muslims from becoming protégés
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Page 291 and 292: of consular courts by specifying th
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Page 299 and 300: In other instances, consuls wrote t
Page 301: qāḍī” attesting a debt owed t
Page 305 and 306: clarify when and why he had taken t
Page 307 and 308: Even scholars who argue against see
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Page 311 and 312: of the individuals concerned. 31 Pr
Page 313 and 314: concerning the incident, which they
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Page 321 and 322: Dinar Ohana), an American protégé
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Page 327 and 328: efused. 100 Faced with this dead en
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Page 333 and 334: By subjecting the suit to Moroccan
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Page 337 and 338: Foreign subjects and protégés wer
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Page 341 and 342: AIU’s attention either through pe
Page 343 and 344: A competing narrative of Moroccan J
Page 345 and 346: non-Jewish Westerners alike, I argu
Page 347 and 348: international press. Demnat might s
Page 349 and 350: attribute the Makhzan’s efforts t
Page 351 and 352: The events in Demnat were not the o
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finally wrote to Muḥammad Bargās
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wearing Muslim clothing and told hi
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of 1863. Four Jews were accused of
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made an honest mistake, the effect
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etracted his initial testimony clai
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the remaining two subjects. Only af
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organizations, and the foreign pres
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Marseillais, The Times, The Pall Ma
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coreligionists’ position. 112 Avn
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had been following the standard pra
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did not declare that Jews and Musli
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under the jurisdiction of Makhzan o
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tolerance. 142 Such a policy would
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concede to the American ambassador
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Epilogue On March 30, 1912, France
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courts to matters of personal statu
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This sort of continuity in legal pr
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intra-Jewish cases to these courts
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Glossary of Arabic and Hebrew Terms
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Ẓahīr: Royal decree (spelled “
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United States: United States Nation
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———. Kitāb al-istiqṣā li-
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Becker, Jerónimo. España y Marrue
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Chetrit, Joseph. Diglossie, hybrida
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Ennaji, Mohammed. Expansion europé
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Gotzmann, Andreas. “At Home in Ma
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———. Les protégés : contrib
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Marcus, Abraham. The Middle East on
Page 409 and 410:
Perron, M. Précis de jurisprudence
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———. “Forum Shopping Among
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Cultural Dimensions, edited by Mich
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