© 2011 – Routledge
The first eleven essays in this collection treat the application of Islamic law in qadi courts in the Maghrib in the period between 1100 and 1500 CE. Based on preserved legal documents and the expert opinions of Muslim jurists (Muftis), the essays examine family law cases involving legal minority, guardianship, divorce, inheritance, bequests, and endowments. Cumulatively, the cases bear witness to the effectiveness and efficiency of the Islamic judicial system in this period. Contrary to popular perceptions, the cases demonstrate that Muslim jurists placed a high value on reasoned thought and were sensitive to the manner in which law, society, and culture interacted with, and shaped, each other. The final essay shows how the treatment of family endowments by colonial regimes in Algeria and India at the end of the 19th and beginning of the 20th centuries shaped, or misshaped the modern western scholarly understanding of Islamic law.
'David Powers is an outstanding scholar of classical Islamic law and legal system. His research focuses on the history of Islamic law and its application in Muslim societies. He has published intensively in this area and here he places in the hands of the readers two decades’ work on the nature and performance of key Islamic legal institutions in the medieval Islamic West… this volume adds significant new details on Islamic legal and socio-cultural history, thus enhancing our understanding of both substantial and methodological aspects of the Islamic legal system and its general development, particularly in western Islam. Thus, this important work can be appreciated by students of Islamic law, Middle East scholars, and even the general public.' Bustan: The Middle East Book Review 'Each case study is in itself interesting and significant, but Powers' arguments are strengthened when the essays are read together … anyone interested in Islamic legal development, comparative legal studies, the intersection of legal and social history, or women, family, and property in the western Islamic Mediterranean will want to read the essays collected here, and read them together.' Al-Masaq
Contents: Introduction; Part 1 Qadis, Muftis and Courts: Legal consultation (futya) in medieval Spain and North Africa; On judicial review in Islamic law; Parents and their minor children: familial politics in the middle Maghrib in the 8th/14th century; From the Mi`yar of al-Wansharisi to the New Mi`yar of al-Wazzani: continuity and change (with Etty Terem). Part 2 Women and Divorce: Women and divorce in the Islamic West: three cases; Four cases relating to women and divorce in al-Andalus and the Maghrib, 1100-1500. Part 3 Inheritance: The Islamic inheritance system: a socio-historical approach; Law and custom in the Maghrib, 1475-1500: on the disinheritance of women. Part 4 Endowments: The Maliki family endowment: legal norms and social practices; A court case from 14th-century North Africa; Fatwas as sources for legal and social history: a dispute over endowment revenues from 14th-century Fez; Orientalism, colonialism, and legal history: the attack on Muslim family endowments in Algeria and India; Index.
The first title in the Variorum Collected Studies Series was published in 1970. Since then well over 700 titles have appeared in the series, and it has established a well-earned international reputation for the publication of key research across a whole range of subjects within the fields of history.
The history of the medieval world remains central to the series, with Byzantine studies a particular speciality, but the range of titles extends from Hellenistic philosophy and the history of the Roman empire and early Christianity, through the Renaissance and Reformation, up to the 20th century. The well-established coverage of Islamic studies is joined by a growing list in Asian history and in areas relating to the 'European expansion'. Another major strand is the history of science, technology and medicine. In addition the list includes many titles dealing with the histories of philosophy, law, and art and architecture, while most recently the series has expanded with great success into the history of music.
Each title in the Variorum Collected Studies Series brings together for the first time a selection of articles by a leading authority on a particular subject. These studies are reprinted from a vast range of learned journals, festschrifts, conference proceedings, and the like. They make available research that is scattered, even inaccessible in all but the largest and most specialized libraries. With a new introduction and index, and often with new notes and previously unpublished material, they constitute an essential resource. All volumes are printed on acid-free paper.