{"id":262,"date":"2023-09-08T09:35:44","date_gmt":"2023-09-08T09:35:44","guid":{"rendered":"https:\/\/trasisblog.unibe.ch\/?p=262"},"modified":"2024-11-25T16:52:01","modified_gmt":"2024-11-25T16:52:01","slug":"what-can-we-learn-about-slavery-from-a-manual-for-judges-and-notaries","status":"publish","type":"post","link":"https:\/\/trasisblog.unibe.ch\/?p=262","title":{"rendered":"What Can We Learn about Slavery from a Manual for Judges and Notaries?"},"content":{"rendered":"\n
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Serena\u00a0Tolino is Professor of Islamic and Middle Eastern Studies and co-director of the Institute for the Study of the Middle East and Muslim Societies at the University of Bern, where she also leads the project TraSIS.

We recommend that readers explore our other blog contributions which are linked\u00a0here<\/a><\/em><\/summary>\n

<\/p>\n<\/details>\n<\/div>\n<\/div>\n\n\n\n

Introduction<\/strong><\/h2>\n\n\n\n

This month\u2019s blog post focuses on the relevance that shur\u016b\u1e6d<\/em> manuals written for judges and notaries have for understanding practices related to slavery, and legal practices more generally. Shur\u016b\u1e6d<\/em> works, or \u201cmodel shur\u016b\u1e6d<\/em> works,\u201d as Wael Hallaq puts it in his seminal article on the topic, are works that reproduce standardised legal contracts or judicial rulings in a range of domains for easy use by legal professionals. The need for this genre arose partly because persons with inadequate knowledge of the law \u201cwould not [otherwise] be able to establish the proper formulae necessary to make a document valid and as legally watertight as possible.\u201d1<\/a><\/sup> From the middle of the second hijr\u012b <\/em>century onwards, private notaries (called muwaththiq\u012bn<\/em> or shur\u016b\u1e6d\u012b<\/em>s) formed a profession distinct from scribes and other legal personnel such as the \u02bfud\u016bl<\/em> working directly for the courts. As experts in the issuing of all sorts of documents and contracts, they fulfilled the demands of private individuals whenever they wanted to enter into contracts or needed deeds for various purposes.2<\/a><\/sup> Besides judges, these private notaries are the main addressees of the genre. Shur\u016b\u1e6d<\/em> (sing. shar\u1e6d<\/em>) is a reference to the integral conditions without which a contract, legal agreement or legal act generally, is invalid. For example, one can speak of the prerequisites of the validity of prayer (shur\u016b\u1e6d \u1e63i\u1e25\u1e25at al-\u1e63al\u0101<\/em>), such as being in a state of ritual purity (\u1e6dah\u0101ra<\/em>), facing the correct direction for prayer (qibla<\/em>), and so on. Prayer absent a state of ritual purity is invalid. The genre of shur\u016b\u1e6d<\/em> works is, however, focused more narrowly on acts that belong to the \u2018public\u2019 dimensions of law, such as economic transactions, the emancipation of slaves and the like.<\/p>\n\n\n\n

This blog post focuses on a source composed in the ninth\/fifteenth century by Shams al-D\u012bn al-Minh\u0101ji al-Asy\u016b\u1e6d\u012b (d. 880\/1475) not to be confused with the famous Cairene polymath al-Suy\u016b\u1e6d\u012b (d. 911\/1505). Al-Asy\u016b\u1e6d\u012b was an Egyptian scholar who lived during the Mamluk period and composed \u201ca manual for judges and notaries that contained formularies for contract law\u201d,3<\/a><\/sup> entitled Jaw\u0101hir al-\u02bfuq\u016bd wa-mu\u02bf\u012bn al-qu\u1e0d\u0101h wa-l-muwaqqi\u02bf\u012bna wa-l-shuh\u016bd<\/em> (\u201cThe Essences of Contracts and a Guide to Judges, Notaries and Witnesses\u201d), hereafter Jaw\u0101hir al-\u02bfuq\u016bd<\/em>.<\/p>\n\n\n\n

The manual was composed to facilitate judges\u2019 dealing with cases on topics specifically related to contract law. Shur\u016b\u1e6d<\/em> works provided judges, witness-notaries and court scribes with handy templates for contracts and judicial rulings into which they could insert the specific information related to the case they were asked to settle. The need for this genre arose partly as a consequence of the gradual process of increasing standardisation of Islamic law in the post-classical period. Islamic law in the post-classical period continued to be characterised by doctrinal change and adaptation, within a broader \u201cregime of taql\u012bd,<\/em>\u201d i.e. adherence to a legal school (madhhab<\/em>). In this context, the movement toward a higher degree of stability, predictability and consistency in legal outcomes witnessed other developments comparable to the rise of shur\u016b\u1e6d<\/em> works, such as the flourishingof the mukhta\u1e63ar <\/em>(compendia of established doctrines in a given madhhab<\/em>) from the seventh\/thirteenth century.4<\/a><\/sup> In the Ottoman period, in the context of a highly centralised and bureaucratic imperial regime, this tendency toward greater standardisation would only increase, heralding the development of what Guy Burak has characterised as the \u201csecond formation of Islamic law\u201d.5<\/a><\/sup><\/p>\n\n\n\n

The process of increasing standardisation was already well under way already in the Mamluk period. The Mamluk Sultan Baybars I (r. 658\/1260\u2013676\/1277) broke with Ayyubid policy and appointed four chief judges in his capital city of Cairo, one from each of the Sunn\u012b legal schools. Historians have speculated on the motives for this momentous decision.6<\/a><\/sup> Local judges were also appointed from the various legal schools, which gave plaintiffs the ability to forum-shop between courts that offered them more or less favourable legal outcomes. This predictability of outcomes was a function of the fact that judges\u2019 decisions were now far more reliably aligned with the \u2018established\u2019 (mu\u02bftamad<\/em>)or \u2018dominant\u2019(r\u0101j\u012b\u1e25<\/em>) madhhab<\/em> views than was the case previously. Prominent Mamluk (and before them, Ayyubid) jurists\u201cmade it incumbent upon judges and muftis to follow the dominant doctrines of their schools and even deemed rulings not based on school doctrines to be invalid.\u201d7<\/a><\/sup><\/p>\n\n\n\n

Jaw\u0101hir al-\u02bfuq\u016bd<\/em> allows one to witness the \u201ctension between the [madhhab<\/em>s\u2019] eponyms\u2019 emphasis on the ijtih\u0101d<\/em> [i.e. capacity for independent legal reasoning] requirement [for judges] and the observed court practice of taql\u012bd<\/em>.\u201d8<\/a><\/sup> Al-Asy\u016b\u1e6d\u012b indeed assumes that judges and witness-notaries are incapable of conducting ijtih\u0101d<\/em> on specific cases, but at the same time require easy to access knowledge on the main opinions in their madhhab<\/em>. Therefore, he presents contracts and judicial rulings based on the most established opinion in given madhhab<\/em>s and, where multiple such established opinions exist, presents contracts and the like for each of them.  While the argument that particular contracts in the manual directly reflect social practices requires careful demonstration, it seems fair to say that shur\u016b\u1e6d<\/em> works reflect contemporary judicial practice more than one would expect to be the case for summae of substantive law (mut\u016bn<\/em>) and legal commentaries (shur\u016b\u1e25<\/em>).9<\/a><\/sup><\/p>\n\n\n\n

The ummah\u0101t al-awl\u0101d <\/em>inthe Jaw\u0101hir al-\u02bfuq\u016bd<\/em><\/strong><\/h2>\n\n\n\n

In Jaw\u0101hir al-\u02bfuq\u016bd<\/em> there is an entire chapter devoted to ummah\u0101t al-awl\u0101d<\/em>.10<\/a><\/sup> An umm al-walad<\/em> (lit. \u2018mother of the child\u2019) is a term referring to a female enslaved person who bears her master\u2019s child. This concept is one of the three focal points of the research of TraSIS<\/a>. Assuming the master does not deny paternity, the umm al-walad<\/em> is freed after his death and her child is born free, according to classical Sunn\u012b jurists.11<\/a><\/sup><\/p>\n\n\n\n

At the beginning of the chapter, al-Asy\u016b\u1e6d\u012b discusses general aspects of the doctrines related to ummah\u0101t al-awl\u0101d<\/em> in the different madhhab<\/em>s, focusing on points of disagreement among the jurists. In the later part of the chapter, he examines more specific cases, for example what happens in the event that a slave\u2019s status as an umm al-walad<\/em> requires confirmation, as her master denies it.<\/p>\n\n\n\n

In this blog post, I focus specifically on what happens in cases where an umm al-walad<\/em>, whose master is a non-Muslim, converts to Islam. Al-Asy\u016b\u1e6d\u012b presents three possibilities. In the first case, the judge is a \u1e24anaf\u012b:<\/p>\n\n\n\n

\n

So-and-so (ful\u0101n<\/em>) Jew or Christian attended the judicial session (majlis al-\u1e25ukm<\/em>) of the esteemed \u1e24anaf\u012b judge so-and-so, bringing with him his female slave so-and-so, Bint \u02bf<\/em>Abd All\u0101h,12<\/a><\/sup>claiming to the aforementioned judge that she is his umm al-walad<\/em>, that he impregnated her and that she was ennobled by [converting to] the religion of Islam. The aforementioned judge asked for her response to this [claim], and she admitted [it]. The aforementioned plaintiff requested the aforementioned judge to rule according to his madhhab<\/em> and [its] doctrine, and to order her to obtain the money for her freedom (bi-l-si\u02bf\u0101ya f\u012b q\u012bmatih\u0101<\/em>) [and to] give this money to the aforementioned plaintiff, and to manumit her once this is done. [The judge] accepted his request, because of its lawfulness (li-jaw\u0101zihi<\/em>), according to his view. He ruled that she should obtain the money for her freedom, giving it to her master, and that once she does so, she is to be manumitted in accordance with the shar\u012b\u02bfa<\/em>, etc, [this] while acknowledging the disagreement [of the jurists] on the subject. The [rest of the document] is to be completed in light of what has preceded.13<\/a><\/sup><\/p>\n<\/blockquote>\n\n\n\n

The second judge is a M\u0101lik\u012b. After being asked to judge according to his madhhab<\/em>, he finds that there are two opinions attributed to M\u0101lik: according to the first, the enslaved woman should be manumitted, and according to the second, she must be sold to a Muslim. The judge examines both opinions carefully and rules according to the first.14<\/a><\/sup><\/p>\n\n\n\n

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So-and-so woman attended the judicial session of the esteemed M\u0101lik\u012b judge so-and-so, bringing with her so-and-so Jew or Christian, claiming to the aforementioned judge that [her master] purchased her, impregnated her and had from her a male child, called so-and-so, of seven or five years of age, for example, and that she was [subsequently] ennobled by [converting to the] religion of Islam. She [requested that she] be manumitted from the defendant by virtue of her conversion to Islam. She asked the judge to ask him [the master] to confirm [these details]. The aforementioned judge put the question [to her master] and he admitted [it], adding that he had the right to sell her and receive her sale-price, asking the judge to rule accordingly. She instead asked the judge to manumit her. The judge reflected on his legal school and [its] doctrine and found that two opinions are attributed to the Im\u0101m he follows, M\u0101lik b. Anas al-A\u1e63ba\u1e25\u012b\u2014God be pleased with him\u2014the first, [her] manumission and the second, [her] sale. He explored the two opinions and contemplated them, examining them closely, and then opted for the first. He prayed the istikh\u0101ra<\/em> prayer, taking God as his guide and support. He complied with the request of the plaintiff and manumitted her, liberating her from slavery, ruling in accordance with the shar\u012b\u02bfa<\/em>, etc. He [likewise ruled] that he [her former master] should not touch her again [through claiming her through her former] enslavement or servitude (riqq aw \u02bfub\u016bdiyya<\/em>), in accordance with the shar\u012b\u02bfa<\/em> prohibition [of that]. The [rest of the document] is to be completed in light of what has preceded.15<\/a><\/sup><\/p>\n<\/blockquote>\n\n\n\n

In the final case, al-Asy\u016b\u1e6d\u012b discusses what happens if the judge is a Sh\u0101fi\u02bf\u012b. In this case, the judge rules to separate them (i.e. bar them from sexual relations), requiring the master to provide material support and clothing for her and her child (nafaqa<\/em>) until his death, whereupon she is manumitted.<\/p>\n\n\n\n

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So-and-so woman, who used to be Christian or Jew, attended the judicial session of the esteemed Sh\u0101fi\u02bf\u012b judge so-and-so, having been ennobled [by converting to] the religion of Islam. She brought with her so-and-so Jew or Christian, and claimed to the aforementioned judge that he purchased her, impregnated her and had from her a male child called so-and-so, of three years of age, for example, and that she was [subsequently] ennobled by [converting to the] religion of Islam, while he remained an unbeliever. She asked the judge to ask him [the master] to confirm [these details]. The aforementioned judge put the question [to her master] and he admitted [it], so the aforementioned plaintiff asked the aforementioned judge to rule against the defendant in accordance with his madhhab<\/em> and to separate them [i.e. bar them from sexual relations] until his death, whereupon she would be manumitted, and [that] he [be further charged with] providing her with maintenance and clothing in accordance with the shar\u012b\u02bfa. <\/em>The judge complied with her request because of its lawfulness in his view,etc, while acknowledging the disagreement [of the jurists] on the subject.16<\/a><\/sup>[16]<\/a><\/p>\n<\/blockquote>\n\n\n\n

Conclusion<\/strong><\/h2>\n\n\n\n

In these three cases, almost identical in their premises, we see how the author presents the various opinions held by the different madhhab<\/em>s on what happens to the umm al-walad<\/em> of a non-Muslim master when she converts to Islam. While one must be cautious about claiming that there is a real plaintiff initiating a lawsuit before an Egyptian judge behind each of these cases, still, the fact that al-Asy\u016b\u1e6d\u012b preserved these legal formulae indicates that this must have been within the horizons of possibility of contemporaneous judges. It likewise confirms previous research on the agency of enslaved women pursuing lawsuits, suggesting that their rights might be upheld in court.<\/p>\n\n\n\n

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I would like to thank the entire TraSIS team for their useful remarks on this blog post, and in particular Omar Anchassi for his incredible intellectual generosity and careful editing.<\/p>\n\n\n\n

<\/p>\n\n\n

  1. Wael Hallaq, \u201cModel Shur\u016b\u1e6d<\/em> Works and the Dialectic of Doctrine and Practice,\u201d Islamic Law and Society<\/em> 2 (1995), 109\u201334 (at 115). \u21a9\ufe0e<\/a><\/li>
  2. Wael Hallaq, The Origins and Evolution of Islamic Law<\/em> (Cambridge: Cambridge University Press, 2005), 92. \u21a9\ufe0e<\/a><\/li>
  3. Ahmed Fekry Ibrahim, \u201cRethinking the Taql\u012bd<\/em> Hegemony: An Institutional, Longue-Dur\u00e9e Approach,\u201d Journal of the American Oriental Society<\/em> 136 (2016), 801\u2013816 (at 814). \u21a9\ufe0e<\/a><\/li>
  4. As discussed by Mohammad Fadel in his important article \u201cThe Social Logic of Taql\u012bd<\/em> and the Rise of the Mukhta\u1e63ar<\/em>,\u201d Islamic Law and Society<\/em> 3 (1996), 193\u2013233. \u21a9\ufe0e<\/a><\/li>
  5. Guy Burak,\u00a0The Second Formation of Islamic Law: The \u1e24anaf\u012b School in the Early Modern Ottoman Empire<\/em> (Cambridge: Cambridge University Press, 2015). Other important works in this context include Abdurrahman At\u00e7\u0131l, Scholars and Sultans in the Early Modern Ottoman Empire<\/em> (Cambridge: Cambridge University Press, 2017); James Baldwin, Islamic Law and Empire in Ottoman Cairo<\/em> (Edinburgh: Edinburgh University Press, 2017) and, most recently, Samy Ayoub, Law, Empire, and the Sultan: Ottoman Imperial Authority and Late \u1e24anaf\u012b Jurisprudence<\/em> (Oxford: Oxford University Press, 2020). \u21a9\ufe0e<\/a><\/li>
  6. On Baybars I, see Peter Thorau, \u201cBaybars I, al-Malik al-\u1e92\u0101hir Rukn al-D\u012bn,\u201d in the Encyclopaedia of Islam, THREE<\/em> online: http:\/\/dx.doi.org\/10.1163\/1573-3912_ei3_COM_23709 (accessed 20\/7\/2023). For his appointment of four chief judges, see Sherman Jackson, \u201cThe Primacy of Domestic Politics: Ibn Bint al-A\u02bfazz and the Establishment of Four Chief Judgeships in Maml\u00fbk Egypt,\u201d Journal of the American Oriental Society<\/em> 11 (1995), 52\u201365; Yossef Rapoport, \u201cLegal Diversity in the Age of Taql\u012bd<\/em>: The Four Chief Q\u0101\u1e0d\u012b<\/em>s under the Mamluks,\u201d Islamic Law and Society<\/em> 10 (2003), 210\u201328. \u21a9\ufe0e<\/a><\/li>
  7. Ibrahim, \u201cRethinking the Taql\u012bd<\/em> Hegemony,\u201d 813. \u21a9\ufe0e<\/a><\/li>
  8. Ibid. \u21a9\ufe0e<\/a><\/li>
  9. On the relationship of shur\u016b\u1e6d<\/em> works to judicial practice, see Hallaq, \u201cModel Shur\u016b\u1e6d<\/em> Works,\u201d 116\u201319 and passim<\/em>. On the incorporation of novel legal doctrines in works of substantive law, see idem, \u201cFrom Fatw\u0101<\/em>s to Fur\u016b\u02bf<\/em>: Growth and Change in Islamic Substantive Law,\u201d Islamic Law and Society<\/em> 1 (1994), 29\u201365. One must be careful not to overly accentuate this difference between genres: see, for example, the important remarks in Samy Ayoub, Law, Empire, and the Sultan<\/em>, 68, 102. \u21a9\ufe0e<\/a><\/li>
  10. Shams al-D\u012bn al-Minh\u0101ji al-Asy\u016b\u1e6d\u012b, Jaw\u0101hir al-\u02bfuq\u016bd wa-mu\u02bf\u012bn al-qu\u1e0d\u0101h wa-l-muwaqqi\u02bf\u012bna wa-l-shuh\u016bd<\/em>, 2 vols. (Cairo: Ma\u1e6dba\u02bfat al-Sunna al-Mu\u1e25ammadiyya, 1995), 2:561\u201370. I thank Ashraf Hassan and Laura Emunds for bringing this work to my attention. \u21a9\ufe0e<\/a><\/li>
  11. For an account of the early divergence of opinion on this question, see Ibn Kath\u012br (d. 774\/1373), Juz\u02be f\u012b bay\u02bf ummah\u0101t al-awl\u0101d<\/em>, ed. \u02bfUmar b. Sulaym\u0101n al-\u1e24afy\u0101n (Beirut: Mu\u02beasassat al-Ris\u0101la, 1427\/2006). I thank Omar Anchassi for bringing this work to my attention. \u21a9\ufe0e<\/a><\/li>
  12. Ibn or Bint \u02bfAbd All\u0101h is used to indicate conversion to Islam. \u21a9\ufe0e<\/a><\/li>
  13. Al-Asy\u016b\u1e6d\u012b, Jaw\u0101hir al-\u02bfuq\u016bd<\/em>, 2:565. \u21a9\ufe0e<\/a><\/li>
  14. For a survey of early legal opinion on the ruling on the umm al-walad<\/em> of a non-Muslim master who converts to Islam, see Ibn al-Mundhir (d. 318\/930), al-Awsa\u1e6d min al-sunan wa l-ijm\u0101\u02bf wa l-ikhtil\u0101f<\/em>, ed. Mu\u1e25ammad \u02bfAbd al-Sal\u0101m, 15 vols. (al-Fayy\u016bm: D\u0101r al-Fal\u0101\u1e25, 2009), 8:603\u2013604 (the editor includes useful cross-references to other legal works). Ibn al-Mundhir mentions six opinions: (1) the master is invited to accept Islam, and if he does so, she remains his umm al-walad<\/em>, and if he refuses to do so, she is to obtain her sale-price and is sold (to a Muslim) at this price. If the master converts only after she is sold off, the slave woman cannot be his umm al-walad<\/em>, but she must continue to obtain her sale-price (to compensate him), but if he dies before she does so, she owes him nothing, and is manumitted (this view is attributed to Sufy\u0101n al-Thawr\u012b and, less certainly, to the ahl al-ra\u02bey<\/em>); (2) that her sale-price is obtained and she is partly manumitted, and when the remaining part (of her sale-price) is paid, she is manumitted (this view is attributed to al-Awz\u0101\u02bf\u012b); (3) she is manumitted and owes her former master nothing (this view is attributed to M\u0101lik b. Anas); (4) that her sale-price is awarded to her master from the Treasury (bayt al-m\u0101l<\/em>), and the master is made to accept this willy-nilly, and she is manumitted (this view is attributed, with some uncertainty, to \u02bfUmar b. \u02bfAbd al-\u02bfAz\u012bz); (5) that she compensates her master every day with the value of her (daily) service (i.e. her service is assigned a value and she \u2018pays\u2019 him through continued service), and if she does so (fully) before her master dies, she is manumitted, and if he dies before she compensates him for her full sale-price, she is manumitted (this view is attributed to \u02bfAbd All\u0101h b. al-\u1e24asan); (6) that she withdraw from her master (i.e. refrain from sexual relations), who is made to pay her maintenance (nafaqa<\/em>), and can use her for anything besides sexual relations, including renting out her service to others, until he dies, whereupon she is manumitted (this view is attributed to al-Sh\u0101fi\u02bf\u012b and A\u1e25mad, and less certainly to M\u0101lik b. Anas). This (i.e. 6) is the view which Ibn al-Mundhir himself accepts. I owe this footnote to the intellectual generosity of Omar Anchassi. \u21a9\ufe0e<\/a><\/li>
  15. Al-Asy\u016b\u1e6d\u012b, Jaw\u0101hir al-\u02bfuq\u016bd<\/em>, 2:565\u201366. \u21a9\ufe0e<\/a><\/li>
  16. Ibid., 566. \u21a9\ufe0e<\/a><\/li><\/ol>","protected":false},"excerpt":{"rendered":"

    Introduction This month\u2019s blog post focuses on the relevance that shur\u016b\u1e6d manuals written for judges and notaries have for understanding practices related to slavery, and legal practices more generally. Shur\u016b\u1e6d works, or \u201cmodel shur\u016b\u1e6d works,\u201d as Wael Hallaq puts it in his seminal article on the topic, are works that reproduce standardised legal contracts or judicial rulings in a range of domains for easy use by legal professionals. The need for this genre arose partly because persons with inadequate knowledge…<\/p>\n

    Read More Read More<\/span><\/a><\/p>\n","protected":false},"author":5,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_eb_attr":"","iawp_total_views":0,"footnotes":"[{\"content\":\"Wael Hallaq, \u201cModel Shur\u016b\u1e6d<\/em> Works and the Dialectic of Doctrine and Practice,\u201d Islamic Law and Society<\/em> 2 (1995), 109\u201334 (at 115).\",\"id\":\"5d8614d2-54aa-48f8-b6d8-ce1ca784570a\"},{\"content\":\"Wael Hallaq, The Origins and Evolution of Islamic Law<\/em> (Cambridge: Cambridge University Press, 2005), 92.\",\"id\":\"69af236e-dd92-4d25-abb3-47d87dfc4728\"},{\"content\":\"Ahmed Fekry Ibrahim, \u201cRethinking the Taql\u012bd<\/em> Hegemony: An Institutional, Longue-Dur\u00e9e Approach,\u201d Journal of the American Oriental Society<\/em> 136 (2016), 801\u2013816 (at 814).\",\"id\":\"a4e9341b-502a-4aca-8ed9-c0c7778f54db\"},{\"content\":\"As discussed by Mohammad Fadel in his important article \u201cThe Social Logic of Taql\u012bd<\/em> and the Rise of the Mukhta\u1e63ar<\/em>,\u201d Islamic Law and Society<\/em> 3 (1996), 193\u2013233.\",\"id\":\"b46649bf-2aba-4781-a291-f54074a85f72\"},{\"content\":\"Guy Burak,\u00a0The Second Formation of Islamic Law: The \u1e24anaf\u012b School in the Early Modern Ottoman Empire<\/em> (Cambridge: Cambridge University Press, 2015). Other important works in this context include Abdurrahman At\u00e7\u0131l, Scholars and Sultans in the Early Modern Ottoman Empire<\/em> (Cambridge: Cambridge University Press, 2017); James Baldwin, Islamic Law and Empire in Ottoman Cairo<\/em> (Edinburgh: Edinburgh University Press, 2017) and, most recently, Samy Ayoub, Law, Empire, and the Sultan: Ottoman Imperial Authority and Late \u1e24anaf\u012b Jurisprudence<\/em> (Oxford: Oxford University Press, 2020).\",\"id\":\"42ddda25-e029-4b3e-8dfe-f64c22ffe507\"},{\"content\":\"On Baybars I, see Peter Thorau, \u201cBaybars I, al-Malik al-\u1e92\u0101hir Rukn al-D\u012bn,\u201d in the Encyclopaedia of Islam, THREE<\/em> online: http:\/\/dx.doi.org\/10.1163\/1573-3912_ei3_COM_23709 (accessed 20\/7\/2023). For his appointment of four chief judges, see Sherman Jackson, \u201cThe Primacy of Domestic Politics: Ibn Bint al-A\u02bfazz and the Establishment of Four Chief Judgeships in Maml\u00fbk Egypt,\u201d Journal of the American Oriental Society<\/em> 11 (1995), 52\u201365; Yossef Rapoport, \u201cLegal Diversity in the Age of Taql\u012bd<\/em>: The Four Chief Q\u0101\u1e0d\u012b<\/em>s under the Mamluks,\u201d Islamic Law and Society<\/em> 10 (2003), 210\u201328.\",\"id\":\"e0c7e36a-3e14-4121-834c-19da2201eeae\"},{\"content\":\"Ibrahim, \u201cRethinking the Taql\u012bd<\/em> Hegemony,\u201d 813.\",\"id\":\"8be6872f-0c66-49c0-a4d9-577414a0785c\"},{\"content\":\"Ibid.\",\"id\":\"208be8c4-a6d0-464f-a061-6f8bc3c407ce\"},{\"content\":\"On the relationship of shur\u016b\u1e6d<\/em> works to judicial practice, see Hallaq, \u201cModel Shur\u016b\u1e6d<\/em> Works,\u201d 116\u201319 and passim<\/em>. On the incorporation of novel legal doctrines in works of substantive law, see idem, \u201cFrom Fatw\u0101<\/em>s to Fur\u016b\u02bf<\/em>: Growth and Change in Islamic Substantive Law,\u201d Islamic Law and Society<\/em> 1 (1994), 29\u201365. One must be careful not to overly accentuate this difference between genres: see, for example, the important remarks in Samy Ayoub, Law, Empire, and the Sultan<\/em>, 68, 102.\",\"id\":\"7cca935d-f02f-4703-a490-1f3a8c39c7fc\"},{\"content\":\"Shams al-D\u012bn al-Minh\u0101ji al-Asy\u016b\u1e6d\u012b, Jaw\u0101hir al-\u02bfuq\u016bd wa-mu\u02bf\u012bn al-qu\u1e0d\u0101h wa-l-muwaqqi\u02bf\u012bna wa-l-shuh\u016bd<\/em>, 2 vols. (Cairo: Ma\u1e6dba\u02bfat al-Sunna al-Mu\u1e25ammadiyya, 1995), 2:561\u201370. I thank Ashraf Hassan and Laura Emunds for bringing this work to my attention.\",\"id\":\"958d7f02-c0f5-456b-9106-39753a73bb17\"},{\"content\":\"For an account of the early divergence of opinion on this question, see Ibn Kath\u012br (d. 774\/1373), Juz\u02be f\u012b bay\u02bf ummah\u0101t al-awl\u0101d<\/em>, ed. \u02bfUmar b. Sulaym\u0101n al-\u1e24afy\u0101n (Beirut: Mu\u02beasassat al-Ris\u0101la, 1427\/2006). I thank Omar Anchassi for bringing this work to my attention.\",\"id\":\"dcf6b905-fee6-4696-80b2-2e710b40c387\"},{\"content\":\"Ibn or Bint \u02bfAbd All\u0101h is used to indicate conversion to Islam.\",\"id\":\"5dcd6f9d-b283-4bfd-96a2-cb1889695072\"},{\"content\":\"Al-Asy\u016b\u1e6d\u012b, Jaw\u0101hir al-\u02bfuq\u016bd<\/em>, 2:565.\",\"id\":\"75b20983-e9a8-4db0-9fe7-6a84db26e10f\"},{\"content\":\"For a survey of early legal opinion on the ruling on the umm al-walad<\/em> of a non-Muslim master who converts to Islam, see Ibn al-Mundhir (d. 318\/930), al-Awsa\u1e6d min al-sunan wa l-ijm\u0101\u02bf wa l-ikhtil\u0101f<\/em>, ed. Mu\u1e25ammad \u02bfAbd al-Sal\u0101m, 15 vols. (al-Fayy\u016bm: D\u0101r al-Fal\u0101\u1e25, 2009), 8:603\u2013604 (the editor includes useful cross-references to other legal works). Ibn al-Mundhir mentions six opinions: (1) the master is invited to accept Islam, and if he does so, she remains his umm al-walad<\/em>, and if he refuses to do so, she is to obtain her sale-price and is sold (to a Muslim) at this price. If the master converts only after she is sold off, the slave woman cannot be his umm al-walad<\/em>, but she must continue to obtain her sale-price (to compensate him), but if he dies before she does so, she owes him nothing, and is manumitted (this view is attributed to Sufy\u0101n al-Thawr\u012b and, less certainly, to the ahl al-ra\u02bey<\/em>); (2) that her sale-price is obtained and she is partly manumitted, and when the remaining part (of her sale-price) is paid, she is manumitted (this view is attributed to al-Awz\u0101\u02bf\u012b); (3) she is manumitted and owes her former master nothing (this view is attributed to M\u0101lik b. Anas); (4) that her sale-price is awarded to her master from the Treasury (bayt al-m\u0101l<\/em>), and the master is made to accept this willy-nilly, and she is manumitted (this view is attributed, with some uncertainty, to \u02bfUmar b. \u02bfAbd al-\u02bfAz\u012bz); (5) that she compensates her master every day with the value of her (daily) service (i.e. her service is assigned a value and she \u2018pays\u2019 him through continued service), and if she does so (fully) before her master dies, she is manumitted, and if he dies before she compensates him for her full sale-price, she is manumitted (this view is attributed to \u02bfAbd All\u0101h b. al-\u1e24asan); (6) that she withdraw from her master (i.e. refrain from sexual relations), who is made to pay her maintenance (nafaqa<\/em>), and can use her for anything besides sexual relations, including renting out her service to others, until he dies, whereupon she is manumitted (this view is attributed to al-Sh\u0101fi\u02bf\u012b and A\u1e25mad, and less certainly to M\u0101lik b. Anas). This (i.e. 6) is the view which Ibn al-Mundhir himself accepts. I owe this footnote to the intellectual generosity of Omar Anchassi.\",\"id\":\"e5260e02-b5d6-4163-ad6b-68fba662e2ba\"},{\"content\":\"Al-Asy\u016b\u1e6d\u012b, Jaw\u0101hir al-\u02bfuq\u016bd<\/em>, 2:565\u201366.\",\"id\":\"65bf95f5-9c01-49e4-9fb9-262dc6182718\"},{\"content\":\"Ibid., 566.\",\"id\":\"f3ee7a22-9454-4264-97cd-0819a521e61b\"}]"},"categories":[1],"tags":[5],"class_list":["post-262","post","type-post","status-publish","format-standard","hentry","category-uncategorized","tag-blog"],"_links":{"self":[{"href":"https:\/\/trasisblog.unibe.ch\/index.php?rest_route=\/wp\/v2\/posts\/262","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/trasisblog.unibe.ch\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/trasisblog.unibe.ch\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/trasisblog.unibe.ch\/index.php?rest_route=\/wp\/v2\/users\/5"}],"replies":[{"embeddable":true,"href":"https:\/\/trasisblog.unibe.ch\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=262"}],"version-history":[{"count":11,"href":"https:\/\/trasisblog.unibe.ch\/index.php?rest_route=\/wp\/v2\/posts\/262\/revisions"}],"predecessor-version":[{"id":351,"href":"https:\/\/trasisblog.unibe.ch\/index.php?rest_route=\/wp\/v2\/posts\/262\/revisions\/351"}],"wp:attachment":[{"href":"https:\/\/trasisblog.unibe.ch\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=262"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/trasisblog.unibe.ch\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=262"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/trasisblog.unibe.ch\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=262"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}