Islamic and Crown Law Within the Aragonese Legal Space in the Fourteenth Century: Juridical Lacunas and Social Dialogue

Author: Shilova-Varyash, Irina
Year:2016
Pages:148
ISBN:1-4955-0472-7
978-1-4955-0472-3
Price:139.95
This work represents a new approach in the study of the history of Muslim populations in Medieval Spain. The author introduces us to a concept she calls ‘legal space’ in order to explain the evolutionary process of both the Muslim and Christian legal systems as they adapted through social dialogue in order to live together under the rule of one Christian kingdom.

Reviews

“The present book is more than a contribution to the studies of the history of the Iberian Peninsula. Cases, collected and interpreted here in a comparative perspective, aid our understanding of similar cases of Christian-Muslim symbiosis from other parts of the medieval Mediterranean. In this sense, this book is very useful not only for experts on Pyrenean history, but also for all those interested in the relations between Christians and Muslims in the Middle-Ages.”
-Dr. Rustam Shukurov,
Faculty of History,
Moscow State University


"The book discusses an extremely interesting and important example of mutual adaptation of Muslim and Christian communities. To describe adequately the complex realities of Iberian fourteenth-century history, the author introduces the idea of ‘legal space’ which perfectly explains the characteristic features of the interaction and evolution of Christian and Muslim legal systems within one political entity. Most historical cases discussed in the book are little known or completely unknown to scholars and, as the author shows, deserve to be studied and interpreted. Scholarship has not previously developed specialized studies of the evolution of Sharia law in territories under Christian control, and this is the first of this kind. The monograph also explores the place of Islmaic courts in the Crown of Aragon, the attitudes of Christian authorities to Sharia law, and the incorporation of Islamic law into the legal space of the kingdom.”
-Dr. Karpov Sergei P., Professor,
Faculty of History,
Moscow State University


“The author uses a new approach to a study of relations between Muslims and Christians in the Iberian Peninsula. A good deal of attention is paid to legal aspects of this relation viewed in a broad social context. The Llibre de la çuna e xara dels moros is analysed in unprecedented detail. The author comes to a new conclusion by showing evolution and status of Islamic law in the Crown of Aragon (in the 14th Century). Irina Varyash demonstrates that the problems of the emergence of some lacunae – cases not covered by existing laws and judicial practices – was solved through social dialogue”
-Dr. Kirillova Ekaterina,
Institute of World History,
Russian Academy of Sciences


Table of Contents

Foreword
Acknowledgements
Introduction
Chapter 1: Wine-drinking of the Saracens in the Royal charters
Chapter 2: Conversions of the Muslims in the legal space of the Crown of Aragon
Chapter 3: The case of Zobran: Islamic legal consequences of conversions
Conclusion
Abbreviations
Bibliography
Index