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Archives Consulted Belgium: Paul Dahan Collection, Centre de Culture Judéo-Marocaine, Brussels (PD). France: Archives du Ministère des Affaires Etrangères, Nantes (MAE Nantes). Archives du Ministère des Affaires Etrangères, Courneuve (MAE Courneuve). Archives de l’Alliance Israélite Universelle, Paris (AIU). Israel: Manuscripts Department, National Library of Israel, Jerusalem (NLI). Manuscripts Department, Yad Ben Zvi, Jerusalem (YBZ). Central Archives for the History of the Jewish People, Jerusalem (CAHJP). Private collection of Professor Yosef Tobi, Jerusalem (TC). Morocco: Bibliothèque Hassaniya (also called the Bibliothèque Royale, al-Khizāna al-Ḥasanīya or al- Maktaba al-Mālikīya), Rabat (BH). Direction des Archives Royales (Mudirīyat al-Wathā’iq al-Mālikīya), Rabat (DAR). Bibliothèque Nationale du Royaume du Maroc, Rabat (BNRM). Qarawīyīn Library, Fez (Qarawīyīn). The Netherlands: The Dutch National Archives (Nationaal Archeif), The Hague (DNA). Oriental Manuscripts and Rare Books, University of Leiden Library, Leiden (UL). Spain: Archivo General de la Administración, Madrid (AGA). Archivo Histórico de Protocolos, Madrid (AHP). United Kingdom: Archives of the Foreign Office, The National Archives in Kew, London (FO). 382
United States: United States National Archives II, College Park, Maryland (USNA). North African Jewish Manuscript Collection, Manuscripts and Archives, Yale University Library (Yale). Special Collections, Library of the Jewish Theological Seminary of America, New York (JTS). 383
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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
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governor). 46 The next winter the J
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along with a legal document contain
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Following this escalation of violen
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The governor of Debdou similarly pr
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custom and the sultan’s command.
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minister of foreign affairs, receiv
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Yet murder cases were not the only
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Moroccan legal system. On the one h
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In 1884 the Jews of Fez appealed to
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Although at first these appeals mig
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The Jews of Meknes appealed to the
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In other instances, Makhzan officia
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about their own coreligionists. The
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Europeans—a sentiment that at oth
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complain about their muḥtasib, em
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Chapter Seven: Foreign Protection a
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Perhaps most important, however, is
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of consular courts functioned throu
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of Muslims from becoming protégés
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cases between its own nationals or
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of consular courts by specifying th
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an important moment in the history
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were required to notify their consu
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dealt with cases by means other tha
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In other instances, consuls wrote t
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qāḍī” attesting a debt owed t
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The following two chapters examine
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clarify when and why he had taken t
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Even scholars who argue against see
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ecognize their contract since “th
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of the individuals concerned. 31 Pr
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concerning the incident, which they
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speculated that the reluctance of t
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protection) of Yitzḥaq b. Nissim
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cooperate with foreigners’ reques
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Dinar Ohana), an American protégé
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Jews tried to ensure a fortuitous o
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ordered Assayag to stop paying Zagu
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efused. 100 Faced with this dead en
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claimed that Emsellem had no right
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number of foreign subjects and prot
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By subjecting the suit to Moroccan
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sued Mas‘ūd al-Shayẓamī (Meso
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Foreign subjects and protégés wer
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confirmed that this meant the Jews
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
Page 353 and 354: finally wrote to Muḥammad Bargās
Page 355 and 356: wearing Muslim clothing and told hi
Page 357 and 358: of 1863. Four Jews were accused of
Page 359 and 360: made an honest mistake, the effect
Page 361 and 362: etracted his initial testimony clai
Page 363 and 364: the remaining two subjects. Only af
Page 365 and 366: organizations, and the foreign pres
Page 367 and 368: Marseillais, The Times, The Pall Ma
Page 369 and 370: coreligionists’ position. 112 Avn
Page 371 and 372: had been following the standard pra
Page 373 and 374: did not declare that Jews and Musli
Page 375 and 376: under the jurisdiction of Makhzan o
Page 377 and 378: tolerance. 142 Such a policy would
Page 379 and 380: concede to the American ambassador
Page 381 and 382: Epilogue On March 30, 1912, France
Page 383 and 384: courts to matters of personal statu
Page 385 and 386: This sort of continuity in legal pr
Page 387 and 388: intra-Jewish cases to these courts
Page 389 and 390: Glossary of Arabic and Hebrew Terms
Page 391: Ẓahīr: Royal decree (spelled “
Page 395 and 396: ———. Kitāb al-istiqṣā li-
Page 397 and 398: Becker, Jerónimo. España y Marrue
Page 399 and 400: Chetrit, Joseph. Diglossie, hybrida
Page 401 and 402: Ennaji, Mohammed. Expansion europé
Page 403 and 404: Gotzmann, Andreas. “At Home in Ma
Page 405 and 406: ———. Les protégés : contrib
Page 407 and 408: Marcus, Abraham. The Middle East on
Page 409 and 410: Perron, M. Précis de jurisprudence
Page 411 and 412: ———. “Forum Shopping Among
Page 413: Cultural Dimensions, edited by Mich
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