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

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associates to the sharī‘a courts most often, looking in particular at the notarial functions of the<br />

courts. I also demonstrate that Jews like the Assarrafs were quite familiar with Islamic law and<br />

legal procedure, so much so that Muslims sometimes appointed Jews to represent them in sharī‘a<br />

court. Chapter Three turns to the ways in which Jews used sharī‘a courts and batei din without<br />

regard for the jurisdictional boundaries established by Islamic law. In particular, I show that at<br />

times Jews went to sharī‘a courts for intra-Jewish matters (which they had the right to adjudicate<br />

in batei din). They also went to batei din for matters involving Muslims (which strictly speaking<br />

should only have been adjudicated in sharī‘a courts). This chapter explores how the coexistence<br />

of Jewish and Muslim legal orders enabled Jews (and to a lesser extent Muslims) to engage in<br />

forum shopping, while also fostering a certain amount of cooperation among the different legal<br />

institutions.<br />

Part Two moves from the local level to that of the state, examining how Jews engaged the<br />

central government to meet their legal needs. Chapter Four again sets the stage, discussing the<br />

role of the Makhzan in the administration of justice in Morocco and the unique relationship<br />

between Jews and the central government. It also introduces the sources used in the rest of this<br />

section, in particular the registers of the Ministry of Complaints. Since historians have yet to<br />

discuss the origins and functioning of this ministry in any detail, I provide a brief history and an<br />

introduction to its functioning. Chapter Five turns to the ways in which Jews appealed to the<br />

Ministry of Complaints, arguing that this was an important forum to which Jews could appeal<br />

when they felt local courts had failed them. I argue that the Ministry of Complaints responded to<br />

Jews’ petitions in largely the same way as they did to those of Muslims, that is, as complaints<br />

submitted by subjects of the sultan without much regard for their religious affiliation. Chapter<br />

Six examines collective petitions submitted by Jews to the Makhzan, particularly regarding<br />

40

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