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Law and the Islamization of Morocco under the Almoravids. The Fatwās of Ibn Rushd al-Jadd to the Far Maghrib investigates the development of legal institutions in the Far Maghrib during its unification with al-Andalus under the Almoravids (434-530/1042-1147). A major contribution to our understanding of the twelfth-century Maghrib and the foundational role played by the Almoravids, it posits that political unification occurred alongside urban transformation and argues that legal institutions developed in response to the social needs of the growing urban spaces as well as to the administrative needs of the state. Such social needs included the regulation of market exchange, the settlement of commercial disputes, and the privatization and individualization of property.
Contents
Acknowledgements
Introduction
1 Introduction
2 Historical and Historiographical Background
3 The Muftī
4 Urban Development of the Far Maghrib
5 Mālikī Law and Custom in the Far Maghrib
6 The Development of the Network and Its Activity as Seen through al-Wansharīsī's Miʿyār and Qāḍī Iyāḍ's Tartīb al-Madārik
7 Book Structure
1 Fatwās to Marrakesh: Regulation of the City Market and the Symbolic Authority of Mālikī Learning
1 Introduction
2 The Founding and Development of Marrakesh
3 The Motor of Gold: Two Questions Involving Gold Exchange
4 Mediating Exchange: Two Questions over Commercial Disputes
5 Transmitting and Developing Juristic Knowledge: Two Questions Resolving Contradictions within the School
6 The Symbolic Religious Authority of Cordoba: the Case of the Man who Wouldn't Remove his Turban and the Case of the Apostate
2 Fatwās to the Far Maghrib: Ibn Rushd's Consultations for the Amīr and Cases of Murder and Stolen Cattle
1 Introduction
2 Questions from the Almoravid Leadership: On the Permissibility of Ashʿarism and the Exceptionalism of the Islamic Maghrib
3 Two Technical Questions from al-ʿIdwa: Ritual and Murder
4 The Islamicization of Property: Partitioning and Gifts from Plunder
3 Fatwās to Ceuta: Water Rights, Judicial Review, and Ibn Rushd's Correspondence with al-Qāḍī ʿIyāḍ
1 Introduction
2 Historical Background
3 The Qāḍī
4 Islamic Water Law
5 The First Ruling
6 The Case Re-Opened: Judicial Review and Avoiding Harm
7 ʿIyāḍ's Case Part II: Riparian Dispute, Avoiding Harm, and Water Rights Adjudication
Epilogue
Appendix A: Breakdown of the Fatwās in al-Wansharīsī's Miʿyār by Subject and Region
Appendix B: Fatwās Chapter One
Appendix C: Fatwās Chapter Two
Appendix D: Fatwā Chapter Three, The Case of the Gardeners vs. the Bibliography
Index
