IN THE COURTS OF THE NATIONS - DataSpace - Princeton ...

IN THE COURTS OF THE NATIONS - DataSpace - Princeton ... IN THE COURTS OF THE NATIONS - DataSpace - Princeton ...

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how much legal autonomy Jews had and begin to understand how Jews engaged with a number of coexisting legal orders. By studying the ways in which Jews and Muslims used various kinds of courts on a quotidian basis, we can move beyond either a neo-lachrymose conception of Jewish history or one which views the past with rose-tinted lenses. Instead, we can begin to grasp how the legal and confessional pluralism of the Islamic Mediterranean fostered a society into which Jews could be fundamentally integrated in the absence of emancipation or religious equality. 378

Glossary of Arabic and Hebrew Terms: ‘Aqd: Islamic legal document notarized by ‘udūl (pl. ‘uqūd). Beit din: Jewish law court (pl. batei din). Dayyan: Jewish judge. Dhimma: Literally, “protection.” The contract by which non-Muslim monotheists were granted certain rights in an Islamic state. Dhimmī: protected non-Muslim monotheist. In the Moroccan context, dhimmī was synonymous with Jew. Duwār: a small village. Fatwā: Islamic responsum. Funduq: warehouse. Halakhah: Jewish law. al-Ḥazān: title used in Arabic for distinguished Jews. Ḥazaqah: usufruct rights on a property (as stipulated by Jewish law). Ḥubs: Islamic pious endowment (pl. ḥubūs, also called a waqf, pl. awqāf). Ketubbah: Jewish marriage contract (pl. ketubbot). Khalīfa: provincial viceroy or deputy of another official. In Morocco, this term did not connote “caliph” but rather any deputy—usually of the Sultan. Lafīf: type of testimony in which twelve Muslim men testified to something about which they had personal knowledge. Makhzan: Moroccan central government. Maqāl: the initial allegation or deposition in a lawsuit in a sharī‘a court. Maẓālim: refers to a kind of tribunal in which the ruling authorities (the sultan or one of his ministers) heard appeals from subjects about instances of injustice (maẓlima). Millāḥ: Jewish quarter. 379

how much legal autonomy Jews had and begin to understand how Jews engaged with a number<br />

of coexisting legal orders. By studying the ways in which Jews and Muslims used various kinds<br />

of courts on a quotidian basis, we can move beyond either a neo-lachrymose conception of<br />

Jewish history or one which views the past with rose-tinted lenses. Instead, we can begin to<br />

grasp how the legal and confessional pluralism of the Islamic Mediterranean fostered a society<br />

into which Jews could be fundamentally integrated in the absence of emancipation or religious<br />

equality.<br />

378

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