Islamic law and the crisis of the Reconquista : the debate on the status of Muslim communities in Christendom

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The Reconquista left unprecedentedly large numbers of Muslims living under Christian rule. Since Islamic religious and legal institutions had been developed by scholars who lived under Muslim rule and who assumed this condition as a given, how Muslims should proceed in the absence of such rule became the subject of extensive intellectual investigation. In Islamic Law and the Crisis of the Reconquista, Alan Verskin examines the way in which the Iberian school of Mālikī law developed in response to the political, theological, and practical difficulties posed by the Reconquista. He shows how religious concepts, even those very central to the Islamic religious experience, could be rethought and reinterpreted in order to respond to the changing needs of Muslims. Contents Acknowledgments Introduction Historical Overview The Jurists on Muslim-Christian Relations The Works of al-Wansharīsī on the Mudéjars Modern Analyses of the Mālikī Position on the Mudéjars The Genre of the Sources Chapter 1 The Concept of Hijra (Migration) in Medieval Iberia and the Maghrib Hijra in the Early Islamic Period Practicing Hijra in the Maghrib: Fāṭimids, Almoravids and Almohads The Mālikī Jurists and the Concept of Hijra Egyptian Mālikīs and the Concept of Hijra Another Source of Prohibition Against Living in Non-Muslim Territory Conclusion Chapter 2 The Status of the Mudéjar Religious Leadership According to Mālikī Law Juristic Thought Prior to the Fourteenth Century The Fall of the Almohads and the Emergence of New Attitudes Toward the Mudéjar ʿUlamāʾ Chapter 3 Life, Family and Property in the Abode of War The Views of Mālik b. Anas and His Early Disciples The Views of the Pre-Reconquista Era Mālikī Jurists Mālikī Law During the Reconquista Chapter 4 European Rule in the 19th-Century Maghrib and the Reception of Reconquista-Era Law The French in the Maghrib, ʿAbd al-Qādir, and the Response of the Jurists ʿAbd al-Qādir on Hijra and Living under Christian Rule Fatwās which Limit Hijra and Give Support to Muslims Who Live under Christian Rule Al-Wazzānī on Living under Christian Rule Non-Juristic Approaches to the Issue of Non-Muslim Rule Conclusion Appendix A Al-Wansharīsī: On the Leader of the Muslims of Christian Marbella Appendix B Al-Wansharīsī’s “Asnā al-matājir” Introduction Evidence from the Qurʾān Ibn Rushd (d. 520/1126) Prohibits Residence in the Abode of War A Discussion of the Views of Ibn Rushd Evidence from the Ḥadīth Ways of Reconciling Contrary Ḥadīths on Migration Excerpts from Ibn al-ʿArabī’s Works on the Status of Muslims Who Fail to Migrate Ibn al-ʿArabī: Even Those Who Barely Qualify as Muslims Because They Had Improper Conversions Receive Protection for their Lives and Property Disagreements Regarding the Kinds of Protection Afforded to Muslims Living in the Abode of War Does Islam or the Abode of Islam Provide Protection? The Law Regarding Those Who Defame the Abode of Islam The Legal Credibility of Muslims Who Reside in the Abode of Unbelief The Legitimacy of Judges and Professional Witnesses Who Reside in the Abode of Unbelief The Fate in the Hereafter of Muslims Who Live in the Abode of Unbelief Is There Such a Thing as “Thought Crime” in Islamic Law or are Punishments Only for Evil Acts? Conclusion Bibliography Sources in Arabic Non-Arabic Secondary Sources Index