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

More documents

Recommendations

Info

Gerber, Haim. “Arkhiyon beit-ha-din ha-shara‘i shel Bursah ke-meqor histori le-toldot yehudei ha-‘ir.” Mi-qedem u-mi-yam 1 (1981): 31-7. ———. “Jews and Money-lending in the Ottoman Empire.” The Jewish Quarterly Review 72, no. 2 (1981): 110-18. ———. “Sharia, Kanun and Custom in the Ottoman Law: The Court Records of 17th Century Bursa.” International Journal of Turkish Studies 2, no. 1 (1981): 131-47. ———. State, Society, and Law in Islam: Ottoman Law in Comparative Perspective. Albany: State University of New York Press, 1994. ———. Islamic Law and Culture, 1600-1840. Leiden: Brill, 1999. ———. “Muslims and Zimmis in Ottoman Economy and Society: Encounters, Cultures and Knowledge.” In Studies in Ottoman Social and Economic Life, edited by Motika Raoul and et. al., Heidelberg: Heidelberger Orientverlag, 1999, 99-124. ———. Crossing Borders: Jews and Muslims in Ottoman Law, Culture, and Society. Istanbul: The Isis Press, 2008. Gerber, Jane S. Jewish Society in Fez, 1450-1700: Studies in Communal and Economic Life. Leiden: Brill, 1980. Gharrīt, Muḥammad. Kitāb fawāṣil al-jumān fī anbā’ wuzarā’ wa-kuttāb al-zamān. Rabat: Dār al-amān, 2010. Gil, Moshe. A History of Palestine, 634-1099. Cambridge: Cambridge University Press, 1992. Gilbert, Martin. In Ishmael’s House: A History of Jews in Muslim Lands. New Haven: Yale University Press, 2010. Ginio, Eyal. “The Administration of Criminal Justice in Ottoman Selānik (Salonica) during the Eighteenth Century.” Turcica 30 (1998): 185-209. ———. “Coping with the State’s Agents ‘From Below’: Petitions, Legal Appeal, and the Sultan’s Justice in Ottoman Legal Practice.” In Popular Protest and Political Participation in the Ottoman Empire: Studies in Honor of Suraiya Faroqhi, edited by Eleni Gara, M. Erdem Kabadayi and Christoph K. Neumann. Istanbul: Bilgi İletişim GrubuYayincilik Müzik Yapim ve Haber Ajansi Ltd., 2011, 41-56. Ginsburg, J. B. An Account of the Persecution of the Protestant Mission among the Jews at Mogador, Morocco. London: E. G. Allen, 1880. Goitein, Shlomo Dov. “Petitions to the Fatimid Caliphs from the Cairo Geniza.” The Jewish Quarterly Review 45, no. 1 (1954): 30-38. ———. A Mediterranean Society. 5 vols. Berkeley: University of California Press, 1967-1988. ———. “Minority Self-Rule and Government Control in Islam.” Studia Islamica 31 (1970): 101-16. ———. Jews and Arabs: A Concise History of their Social and Cultural Relations. Mineola: Dover Publicatoins, Inc., 2005. Goldman, Israel M. The Life and Times of Rabbi David Ibn Abi Zimra; A Social, Economic and Cultural Study of Jewish Life in the Ottoman Empire in the 15th and 16th Centuries as Reflected in the Responsa of the RDBZ. New York: Jewish Theological Seminary of America, 1970. Goodblatt, Morris S. Jewish Life in Turkey in the XVIth Century, as Reflected in the Legal Writings of Samuel de Medina. New York: Jewish Theological Seminary of America, 1952. Gottreich, Emily. The Mellah of Marrakesh: Jewish and Muslim Space in Morocco’s Red City. Bloomington: Indiana University Press, 2007. 392
Gotzmann, Andreas. “At Home in Many Worlds? Thoughts about New Concepts in Jewish Legal History.” Simon Dubnow Institute Yearbook 2 (2003): 413-36. ———. Jüdische Autonomie in der Frühen Neuzeit : Recht und Gemeinschaft im deutschen Judentum. Göttingen: Wallstein, 2008. Goulven, J. Traité d’économie et de législation marocaines. Paris: Librairie des sciences économiques et sociales, 1921. Gouvion, Marthe, and Edmond Gouvion. Kitab Aayane al-Marhrib al-Akça. 2 vols. Paris: Librairie orientaliste Paul Geuthner, 1939. Gradeva, Rossitsa. “Orthodox Christians in the Kadı Courts: The Practice of the Sofia Sheriat Court, Seventeenth Century.” Islamic Law and Society 4, no. 1 (1997): 37-69. Graetz, Heinrich. History of the Jews. 5 vols. Philadelphia: The Jewish Publication Society of America, 1949. Graham, R. B. Cunninghame. Mogreb El-Acksa: A Journey in Morocco. Evanston, IL: Northwestern University Press, 1985 [1898]. Green, Abigail. Moses Montefiore: Jewish Liberator, Imperial Hero. Cambridge, MA: The Belknap Press of Harvard University Press, 2010. Griffiths, John. “What is Legal Pluralism.” Journal of Legal Pluralism 24 (1986): 1-56. Hacker, Joseph. “Jewish Autonomy in the Ottoman Empire, its Scope and Limits: Jewish Courts from the Sixteenth to the Eighteenth Centuries.” In The Jews of the Ottoman Empire, edited by Avigdor Levy. Princeton: The Darwin Press, 1994, 153-202. Ḥajjī, Muḥammad. Ma‘lamāt al-Maghrib. 23 vols. Salé: Maṭābi‘ Salā, 1989-2005. Hallaq, Wael B. “Was the Gate of Ijtihad Closed?” International Journal of Middle East Studies 16, no. 1 (1984): 3-41. ———. An Introduction to Islamic Law. Cambridge: Cambridge University Press, 2009. Halliday, Fred. “The Millet of Manchester: Arab Merchants and Cotton Trade.” British Journal of Middle Eastern Studies 19, no. 2 (1992): 159-76. Hammoudi, Abdellah. Master and Disciple: The Cultural Foundations of Moroccan Authoritarianism. Chicago: University of Chicago Press, 1997. Hanley, Will. “Foreignness and Localness in Alexandria, 1880-1914.” Ph.D. Dissertation, Princeton University, 2007. Hendrickson, Jocelyn N. “The Islamic Obligation to Emigrate: Al-Wansharīsī’s Asnā al-matājir Reconsidered.” Ph.D. Dissertation, Emory University, 2009. Heyd, Uriel. Studies in Old Ottoman Criminal Law. Oxford: Oxford University Press, 1973. Hickok, Michael. “Homicide in Ottoman Bosnia.” In The Ottoman Balkans, edited by Frederick F. Anscombe. Princeton: Markus Wiener Publishers, 2006, 35-59. Hirschberg, Haim Zeev. “‘Arkaot shel goyim bi-yimei ha-geonim.” In Mazkeret: Kovetz torani le-zekher Yitzhaq Ayzik ha-Levi Hertzog, edited by Shlomo Yosef Zevin and Zerah Varhaftig. Jerusalem: Heikhal Shlomo, 1962, 493-506. Holden, Stacey E. The Politics of Food in Modern Morocco. Gainesville: University Press of Florida, 2009. Horowitz, Richard S. “International Law and State Transformation in China, Siam, and the Ottoman Empire during the Nineteenth Century.” Journal of World History 15, no. 4 (2005): 445-86. Ibn Manṣūr, ‘Abd al-Wahhāb. Mushkilat al-ḥimāya al-qunṣuliyya bi-’l-Maghrib. Rabat: al- Maṭbaʻa al-mālikīya, 1985. 393
Page 1 and 2:
IN THE COURTS OF THE NATIONS: JEWS,
Page 3 and 4:
Abstract This dissertation examines
Page 5 and 6:
Table of Contents Abstract………
Page 7 and 8:
throughout the process was vital to
Page 9 and 10:
and Arielle Rubenstein, Stephanie S
Page 11 and 12:
Introduction This dissertation exam
Page 13 and 14:
on the internal history of the Jewi
Page 15 and 16:
cases they made up close to half of
Page 17 and 18:
study of law in the Islamic world w
Page 19 and 20:
of these institutions remain opaque
Page 21 and 22:
and, for some individuals, appealin
Page 23 and 24:
actors with agency and to understan
Page 25 and 26:
many of those who espouse the neo-l
Page 27 and 28:
In recent years, the neo-lachrymose
Page 29 and 30:
alternative framework to that of au
Page 31 and 32:
including courts—which were of pr
Page 33 and 34:
Recently scholars working on the me
Page 35 and 36:
We are left with two models of Jewi
Page 37 and 38:
Legal pluralism is an approach to u
Page 39 and 40:
orders. I also turn the focus from
Page 41 and 42:
Nonetheless, the tendency of forum
Page 43 and 44:
Legal pluralism does not explain wh
Page 45 and 46:
Jewish communities were no less var
Page 47 and 48:
is perhaps best attested by the fac
Page 49 and 50:
To help remind readers that the thr
Page 51 and 52:
abusive Makhzan officials, infringe
Page 53 and 54:
Chapter One: Between Batei Din and
Page 55 and 56:
went to batei din and sharī‘a co
Page 57 and 58:
school relevant for our purposes is
Page 59 and 60:
Jewish and Islamic legal systems re
Page 61 and 62:
ehind, a large number were undoubte
Page 63 and 64:
atei din generally, it does reflect
Page 65 and 66:
Jews used batei din not only as not
Page 67 and 68:
Jerusalem. 33 The collection consis
Page 69 and 70:
(azraqu al-‘aynayn)—a trait for
Page 71 and 72:
undoubtedly made much of their mone
Page 73 and 74:
preventing members of the community
Page 75 and 76:
‘udūl. 76 These ‘udūl, whose
Page 77 and 78:
Eliyahu b. Ya'aqov Zohra bat Ya‘a
Page 79 and 80:
and Muḥammad would return the mon
Page 81 and 82:
Table 2.1 Types of Entries 2% 2% 2%
Page 83 and 84:
allegation or deposition in a case
Page 85 and 86:
court approximately once a week, ei
Page 87 and 88:
The introduction of the “protecti
Page 89 and 90:
ule; the ‘udūl almost always too
Page 91 and 92:
documents would stand up as evidenc
Page 93 and 94:
Empire. 49 A document in the Assarr
Page 95 and 96:
legal procedure was relatively mino
Page 97 and 98:
een optional as not all bills of de
Page 99 and 100:
Qa‘da 1309 (June 12, 1892), two
Page 101 and 102:
mostly meant extending credit on go
Page 103 and 104:
Other release documents specify tha
Page 105 and 106:
al-faqīh Aḥmad al-Filālī al-Ma
Page 107 and 108:
Lease contracts, on the other hand,
Page 109 and 110:
which was operated by Muslims durin
Page 111 and 112:
Shalom’s knowledge of Islamic law
Page 113 and 114:
elow). Although the majority of law
Page 115 and 116:
weeks after the plaintiff filed the
Page 117 and 118:
gathered twelve men who testified t
Page 119 and 120:
whether the qāḍī accepted al-
Page 121 and 122:
in the Assarraf collection indicate
Page 123 and 124:
(ittifāqīyan) and were testifying
Page 125 and 126:
In another instance of oath avoidan
Page 127 and 128:
Sharī‘a courts provided a crucia
Page 129 and 130:
agreement notarized according to Is
Page 131 and 132:
ability and desire to move among di
Page 133 and 134:
‘udūl. 14 Most real estate trans
Page 135 and 136:
equire or benefit from adjudication
Page 137 and 138:
Simultaneous Use of Jewish and Isla
Page 139 and 140:
evidence from the nineteenth centur
Page 141 and 142:
to sue other Jews in sharī‘a cou
Page 143 and 144:
But what about intra-Jewish lawsuit
Page 145 and 146:
ut for the most part this is a here
Page 147 and 148:
the sum of three duoros per month.
Page 149 and 150:
only in Jewish law. This happened i
Page 151 and 152:
in the millāḥ of Marrakesh on Ap
Page 153 and 154:
aware of Jewish law and sometimes t
Page 155 and 156:
of a rabbi to determine the proper
Page 157 and 158:
‘Aṭṭār, in order to find out
Page 159 and 160:
Muslims’ jurisdictional boundary
Page 161 and 162:
that they had successfully done so.
Page 163 and 164:
the Moroccan legal system more broa
Page 165 and 166:
translated as the territories under
Page 167 and 168:
elatively scant work on the legal h
Page 169 and 170:
law, even if they did not consisten
Page 171 and 172:
abrupt end after his death, as the
Page 173 and 174:
put it, “in all medieval Muslim s
Page 175 and 176:
about its image in the eyes of fore
Page 177 and 178:
an injustice or an act of oppressio
Page 179 and 180:
In designing its new army, the Makh
Page 181 and 182:
The Ministry itself, although in co
Page 183 and 184:
Minister of Complaints, a man about
Page 185 and 186:
It is not entirely clear whether th
Page 187 and 188:
initial letters. 102 The convention
Page 189 and 190:
whether the sultan simply failed to
Page 191 and 192:
Chapter Five: Appeals to the Minist
Page 193 and 194:
Jews and the Ministry of Complaints
Page 195 and 196:
The nature of these sources prevent
Page 197 and 198:
Causes for Complaint Most of the ap
Page 199 and 200:
products (such as barley). 23 This,
Page 201 and 202:
appears numerous times). 29 While t
Page 203 and 204:
matter what their religious backgro
Page 205 and 206:
when amounts are specified they ten
Page 207 and 208:
cases which were ultimately settled
Page 209 and 210:
Jews who had been robbed. 62 The su
Page 211 and 212:
from July 28, 1892, a group of Jews
Page 213 and 214:
nature of sharī‘a courts. 83 In
Page 215 and 216:
legal proof of his claim. 91 It is
Page 217 and 218:
the Jewish victims were compensated
Page 219 and 220:
central government could only do so
Page 221 and 222:
and Muslim was responsible for arra
Page 223 and 224:
sometimes the Makhzan officials’
Page 225 and 226:
A more formidable obstacle to settl
Page 227 and 228:
The Jewish creditor, however, reque
Page 229 and 230:
The practice of exaggerating the va
Page 231 and 232:
official accused a Jew of falsifyin
Page 233 and 234:
esolve disputes with their Jewish d
Page 235 and 236:
property. 178 In this case, the Mak
Page 237 and 238:
Chapter Six: Collective Appeals to
Page 239 and 240:
frequency of Jews’ petitions acro
Page 241 and 242:
The concentration of petitions duri
Page 243 and 244:
“right”—as in, the rights to
Page 245 and 246:
merchants serve as judges on a rota
Page 247 and 248:
Makhzan officials at times evoked t
Page 249 and 250:
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
Page 259 and 260:
custom and the sultan’s command.
Page 261 and 262:
minister of foreign affairs, receiv
Page 263 and 264:
Yet murder cases were not the only
Page 265 and 266:
Moroccan legal system. On the one h
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
Page 275 and 276:
about their own coreligionists. The
Page 277 and 278:
Europeans—a sentiment that at oth
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
Page 285 and 286:
of consular courts functioned throu
Page 287 and 288:
of Muslims from becoming protégés
Page 289 and 290:
cases between its own nationals or
Page 291 and 292:
of consular courts by specifying th
Page 293 and 294:
an important moment in the history
Page 295 and 296:
were required to notify their consu
Page 297 and 298:
dealt with cases by means other tha
Page 299 and 300:
In other instances, consuls wrote t
Page 301 and 302:
qāḍī” attesting a debt owed t
Page 303 and 304:
The following two chapters examine
Page 305 and 306:
clarify when and why he had taken t
Page 307 and 308:
Even scholars who argue against see
Page 309 and 310:
ecognize their contract since “th
Page 311 and 312:
of the individuals concerned. 31 Pr
Page 313 and 314:
concerning the incident, which they
Page 315 and 316:
speculated that the reluctance of t
Page 317 and 318:
protection) of Yitzḥaq b. Nissim
Page 319 and 320:
cooperate with foreigners’ reques
Page 321 and 322:
Dinar Ohana), an American protégé
Page 323 and 324:
Jews tried to ensure a fortuitous o
Page 325 and 326:
ordered Assayag to stop paying Zagu
Page 327 and 328:
efused. 100 Faced with this dead en
Page 329 and 330:
claimed that Emsellem had no right
Page 331 and 332:
number of foreign subjects and prot
Page 333 and 334:
By subjecting the suit to Moroccan
Page 335 and 336:
sued Mas‘ūd al-Shayẓamī (Meso
Page 337 and 338:
Foreign subjects and protégés wer
Page 339 and 340:
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 and 392: Ẓahīr: Royal decree (spelled “
Page 393 and 394: United States: United States Nation
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: Ennaji, Mohammed. Expansion europé
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
show all

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

Create successful ePaper yourself

Delete template?

Save as template?