THE TRANSFORMATION OF ISLAMIC LAW UNDER THE AUTHORITY OF ARAGONESE KING

Abstract


The article discusses the history of the Sharia under Christian domination. It is focused on the practice of Islamic law and religious customs of Muslims at the Iberian Peninsula during the Reconquista period (the Crown of Aragon in the 14th century). The author looks into the transformation of Islamic law in new political and social environment, the adaptive abilities of the Sharia in the Middle Ages, the level of deformation of the legal system and culture experiences by the Saracens under Christian authorities and through the influence of the Christian society. The author bases her study on Christian sources, and this requires a new method and adds aspects to the research. Characteristic features of Islamic law under Christian domination are demonstrated: high adaptability, preservation of tradition, a focus on inter-communal aims, strengthening of private and personal law. The Aragonese materiel shows that throughout the 14th century, the Sharia of the Saracens preserved its authenticity in relation to internal affairs of the Muslims, and this was the foundation for the identity of the community of the Muslims. Transformation of law, inevitable in new circumstances, happened first in the sphere where the law of the conquered touched upon the law of the conquerors: the cases of mixed type, communal administration, and criminal cases. Nevertheless, Islamic law of a Christian Kingdom existed in a multi-layered legal space and had to recognize Crown law as a source of law. The article is of theoretical and generalizing character.

About the authors

I I Variash

Moscow State University

Email: variashi@gmail.com
Lomonosovski ave., 27-4, Moscow, Russia, 119991 Department of History of Middle Age, History faculty

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Copyright (c) 2016 Варьяш И.И.

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