REL

MIN

The studies brought together in this volume provide an important contribution

to the history of imm-s in the medieval dr al-islm, and more generally to the
legal history of religious minorities in medieval societies. The central question
Muslim law in the medieval Muslim west (the Maghreb and Muslim Spain).
The scholars whose work is brought together in these pages have dealt with a
rich and complex variety of legal sources. Many of the texts are from the Mlik
legal tradition; they include fiqh, fatw-s, isba manuals. These texts function
Maghrebi and Peninsular societies worked. The very richness and complexity
of these texts, as well as the variety of responses that they solicited, refute the
textbook idea of a monolithic imm system, supposedly based on the Pact of
Umar, applied throughout the Muslim world. In fact when one looks closely at
the early legal texts or chronicles from both the Mashreq and the Maghreb, there
is little evidence for a standard, uniform imm system, but rather a wide variety
of local adaptations. The articles in this volume provide numerous examples of
the richness and complexity of interreligious relations in Medieval Islam and
the reactions of jurists to those relations.

(second/eighth-ninth/fifteenth centuries)

as the building blocks of the legal framework in which jurists and rulers of

THE LEGAL STATUS OF IMM-S IN THE ISLAMIC WEST

addressed is the legal status accorded to imm-s (Jews and Christians) in the

Religion and Law in Medieval Christian and Muslim Societies

THE LEGAL STATUS OF IMM-S

IN THE ISLAMIC WEST
(second/eighth-ninth/fifteenth centuries)

Edited by Maribel Fierro and John Tolan

ISBN 978-2-503-54854-8

9 782503 548548

relmin_1_cover.indd Alle pagina's

cover: Ibn Sahl, al-Ahkam al-kubr

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30/10/13 08:17

The legal status of IMM S in the Fatimid East:

A view from the palace in Cairo
Marina RUSTOW
Johns Hopkins University
A large corpus of state documents on IMM S has survived from the medieval Islamic east that casts light on their legal status under the Fatimids,
Ayyubids, and Mamluks. These documents demonstrate that IMM S conducted extensive negotiations with Muslim authorities and Islamic institutions beyond the framework of ARAOF)SLAMICLAWASDENEDANDPUTINTO
practice by jurists. They point to the necessity of looking beyond the institutions and texts of the ARAas contained in works of QH: the status of IMM S
was regulated by sovereigns and KUTTBBUREAUCRATS ANDNOTONLYBYFUQAH
JURISTS 4HEDOCUMENTSTHEREFOREPERMITONETOLOOKBEYONDTHELEGALINSTITUtions that were shaped by jurists and to investigate other loci of power.1
In the context of this volume on the legal status of IMM S in the Islamic
west, this paper is intended to do three things. First, it is meant as an argument on behalf of using documentary sources wherever possible to gauge the
legal situation of IMM S beyond what can be reconstructed from prescriptive
and narrative texts. Second, it points to the upper echelons of the state as an
arena of law, of the administration of justice, and of the protection of rights
outside the Q courts and the realm of ARAASDENEDANDPUTINTOPRACTICE
by jurists. Third, it is intended to suggest the utility of comparison between
EASTANDWESTTHEEASTERNDOCUMENTSCANSERVETOPOSEQUESTIONSTOWESTERN
SOURCESANDTHUSTOEXPANDTHEINQUIRYONTHELEGALSTATUSOFIMM S to inCORPORATEHISTORICALLYVERIABLECASESANDARENASOFLEGALDECISION MAKING
beyond those usually studied by scholars of Islamic law.
The texts I will examine are documents from the Fatimid period that were
produced in the course of MALIMjustice. The MALIMprocedure was an institution run by the sovereign, his viziers, and his bureaucrats, designed for
THELODGINGOFAPPEALSANDREQUESTSDIRECTLYTOTHESTATE4HEDOCUMENTSATTEST
to cases brought by Christians, Jews, and Muslims alike; they demonstrate that

1
/NSPHERESOF)SLAMICLAWOUTSIDEQH, and especially SIYSAthe discretionary authority
EXERCISEDBYTHERULERANDSTATEOCIALSINCLUDINGTHEUSEANDTHREATOFVIOLENCEASMEANSOF
ENFORCEMENT SEE4YAN(ISTOIREDELORGANISATIONJUDICIAIREPP (ODGSON4HE6ENTUREOF
)SLAMPP ,EWIS3IYASAPP -ASUD4HE$OCTRINEOF3IYSAIN)SLAMIC,AWPP
 

THE LEGAL STATUS OF )-- 3 IN THE ISLAMIC WEST, Maribel FIERRO and John TOLAN
Turnhout, 2013, (Relmin 1) pp. 307-332
FHG
DOI 10.1484/M.RELMIN-EB.1.101823
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308

MARINA RUSTOW

under the rubric of MALIM, IMM S were subject to the same treatment, regulations, and procedures as Muslims.2
The premises of the MALIM procedure were that anyone could approach
THERULERWITHREQUESTSORCOMPLAINTSABOUTINJUSTICES!RMALIM ESPECIALLY
THOSEPERPETRATEDBYOCIALSANDTHATSUBJECTSSHOULDHAVERECOURSETOA
higher authority than the one against whom they were lodging the complaint.3 In practice, the range of cases included far more than complaints
AGAINSTINJUSTICEONEALSONDSTHERESOLUTIONOFCONICTSTHATFORVARIOUS
reasons could not be brought before Q or IMMcourts, or that had already
BEENBROUGHTBEFORETHEMANDNOWCAMEBEFORETHESTATEONAPPEALREQUESTS
for investiture; and appeals for aid in matters personal, collective, or
institutional.
The MAlim procedure has a long history in the Islamic world. It already
existed in fairly elaborate form under the early Abbasids; the Fatimid caliphs
TOOKITOVERFROMTHEMTHE3ELJUQSAND!YYUBIDSMAINTAINEDITANDHOUSEDIT
in what they called a DRADLPALACEOFJUSTICE THE-AMLUKSADDEDANELABOrate ceremonial and ritualized choreography for the submission and answering of petitions; and it was in use, with recognizable continuities, up through
the end of the Ottoman period. Under all these dynasties, subjects could petiTIONREGIONALOCIALSHIGH RANKINGBUREAUCRATSANDCOURTIERSORTHERULER
directly. But despite the openness of the system, if you wanted your petition
to be answered, it helped to have the right connections; and we cannot assume
that all petitioners received responses.
Nonetheless, the openness of the system is striking. But the MALIMsystem was not simply a manifestation of the liberality of caliphs and sultans. In
fact, it served the rulers self-interest in several ways. Chancery bureaucrats
in their manuals and compendia emphasize the importance of the procedure
2

4HE'ENIZAALSOPRESERVEDDOZENSOF)SLAMICLEGALDOCUMENTSTHATSHOWIMM SBRINGING
cases in Islamic courts. These can be of great value in understanding how Jews and Christians
utilized the Islamic court system for their own ends. Nearly seventy have been edited and more
are cited in Khan, !RABIC,EGALAND!DMINISTRATIVEDOCS MANYMOREREMAINUNPUBLISHED
3
&ORSOMEMEDIEVALNARRATIVEANDPRESCRIPTIVESOURCESATTESTINGTOTHISSEE4YAN(ISTOIREDE
LORGANISATIONJUDICIAIREPP 

&ORASTILLEXCELLENTINVESTIGATIONOFMALIM in medieval QH, historiography, and chancery
manuals, see Tyan, (ISTOIREDELORGANISATIONJUDICIAIREPP &ORHISTORICALACCOUNTSSEE
ONTHE!BBASIDPERIODVAN"ERKEL!BBSID-ALIM between Theory and Practice and Tillier,
1s and the Political Use of the -ALIM*URISDICTIONPP ONTHECONTINUITIESAND
changes between the Abbasid and Fatimid periods, see Rustow, Justice as Performance: The
0ETITIONAND2ESPONSE0ROCEDUREINTHE&ATIMID2EALMONTHE:ENGIDSSEE2ABBAT4HE
)DEOLOGICAL3IGNICANCEOFTHE$RAL !DLPP ONTHEEARLY-AMLKPERIODWITHMUCHON
THE3ELJUQSAND!YYUBIDS SEE.IELSEN3ECULAR*USTICEINAN)SLAMIC3TATE; on the later Mamluk
period, see Fuess, ULMby -ALIMPP ANDFORALONG DUREVIEWWITHAFOCUSON
/TTOMAN COMPLAINTS ABOUT OVERTAXATION SEE $ARLING 2EVENUE 2AISING AND ,EGITIMACY, pp.
 

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THE LEGAL STATUS OF )---S IN THE FATIMID EAST: A VIEW FROM THE PALACE IN CAIRO

309

for the rulers reputation and thus his sovereignty and legitimacy (or hers; at
least one female ruler, the Fatimid princess Sitt al-Mulk, received petitions
FROMHERSUBJECTSTWOOFWHICHWILLBEDISCUSSEDBELOW /NEHEADOFTHELATE
&ATIMIDCHANCERY)BNAL AYRAF  DESCRIBEDTHECENTRALITY
of MALIM to sovereignty and legitimacy in the following manner: issuing
rescripts and decrees in response to petitions concerning grievances is a
particularly important aspect of the chancerys work, because
it involves people claiming justice (MUQTAIYanANF FROMONEANOTHERANDTHE
establishment of justice (IQMATNMSAL ADL INTHEREALM!LSOMOSTOFTHOSE
with a grievance (AL MUNALIMN AREPOWERLESSPEOPLEPAUPERSANDRETIRING
women, most of whom arrive from distant parts of the realm, believing that
they are approaching someone who will help them and redress their grievances and assist them against their adversaries.5

)BNAL AYRAFWASUTTERLYHONESTABOUTTHEELEMENTOFAPPEARANCEIFMOST
people believed that they were seeking justice from someone actually in a
POSITIONTOOERITTOTHEMTHENTHEREGIMEHADTOOERTHEMTHISSOTHATTHE
ruler could establish justice in the realm. The MALIMprocedure was, then,
at least in part about popular legitimacy.
More immediately, however, MALIMserved rulers interest by allowing
THEMTORECEIVECOMPLAINTSABOUTABUSIVEOCIALSITISFROMTHISASPECTOFTHE
procedure that the name derived. Subjects who petitioned the state with comPLAINTSABOUTMISTREATMENTATTHEHANDSOFOCIALSPOSSESSEDAPOWERFULALLY
in the ruler, and the MALIMprocedure in principle guaranteed their rights
against those more powerful. This was one reason the procedure protected
Muslims and IMM S EQUALLY IT WAS PRECISELY ABOUT PROTECTING THE WEAK
against the strong. Not only could IMM S appeal the decisions of Q courts;
THEYCOULDSUBMITPETITIONSREQUESTINGEXEMPTIONSFROMSHAR statutes, such
ASTHEOBLIGATIONTOPAYTHEIZYA
This paper brings some of the MALIM cases attested in the documents and
HIGHLIGHTSTHEJUSTICATIONSTHEYPRESENTASABASISFORTHEIRDECISIONSWHICH
cast light on the relationship the state maintained with its religious minorities, with its subjects more generally, and with institutions of QH. I will
conclude by suggesting how the documents might also help the study of the
Islamic west by outlining, at least provisionally, a region of the legal status of
IMM SBEYONDTHECONNESOFTHEARA

)BNAL AYRAF1NNDWNAL RASIL, pp. 150-51.

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310

MARINA RUSTOW

7KHGRFXPHQWV
The corpus of MALIMdocuments from the Fatimid period is considerable,
and there is similar material preserved for the Ayyubid and Mamluk periods
ASWELLTHOUGHPROPORTIONALLYLESSOFIT -ORETHANONEHUNDREDSUCHDOCUments have been published6 and another forty-seven cited; in the course of
the research I am now conducting on Fatimid state documents, I have identiEDANADDITIONALONEHUNDREDFTYUNPUBLISHEDONES-OSTOFTHESEWERE
preserved in the Cairo Geniza, a storage chamber for discarded texts built into
THE MEDIEVAL 3YRO 0ALESTINIAN RITE SYNAGOGUE IN &US 3OME COME FROM
other sources, including the archive of the monastery of St. Catherine in Sinai,
THEEXCAVATIONSAT/XYRHYNCHUSAL "AHNASINTHE&AYYMANDOTHERPAPYrological caches. The MALIM-related texts include four types of document:
petitions to and decrees from caliphs, sultans and viziers, in draft, original,
and copy; decrees issued by the state, again in draft, original, and copy; interNALCHANCERYDIRECTIVESALLORIGINALS ANDLETTERSTHATDISCUSSMALIMcases
ANDOERDETAILSASTOWHATBROUGHTABOUTTHEAPPEALTOSTATEJUSTICEORELSE
attest to some aspect of procedure.
The documents demonstrate that petitions were brought in three basic
SITUATIONSBEYONDCOMPLAINTSABOUTOCIALABUSEIMMLEADERSREQUESTED
INVESTITURESINOCEWHENTHEYWEREAPPOINTEDORWHENANEWRULERACCEDED
to the throne; factions of IMM S lodged petitions for the resolution of communal disputes; and individuals (both IMMAND-USLIM LODGEDAPPEALSFOR
aid. The range of cases demonstrates that MALIMprocedure extended well
BEYONDCOMPLAINTSABOUTOCIALSSUBJECTSUSEDITASANADMINISTRATIVEPRO-

'OTTHEIL!$ECREEIN&AVOUROFTHE+ARAITES'OITEIN.EW3OURCESONTHE0ALESTINIAN

'AONATEDOCSAND 'OITEIN#ONGREGATIONVERSUS#OMMUNITYCF'OITEIN0ETITIONSTO
THE&ATIMID#ALIPHS3TERN!N/RIGINAL$OCUMENTFROMTHE&ATIMID#HANCERY3TERN!
&IMID$ECREEOFTHE9EAR3TERN4HREE0ETITIONSOFTHE&IMID0ERIOD3TERN
Petitions from the Ayyubid Period; Stern, &ATIMID$ECREES/RIGINAL$OCUMENTS; Stern, Two
!YYUBID$ECREESFROM3INAI3TERN0ETITIONSFROMTHE-AMLUK0ERIOD3TERN!0ETITIONTO
THE&IMID#ALIPHAL -USTANIR2ICHARDS!&ATIMID0ETITION2ICHARDS!-AMLK0ETITION
Richards, A Petition for a )Q+HAN!#OPYOFA$ECREEFROMTHE!RCHIVES+HAN!0ETITION
TOTHE&ATIMID#ALIPHAL MIR+HAN4HE(ISTORICAL$EVELOPMENT+HAN!RABIC,EGALAND
!DMINISTRATIVE$OCUMENTSDOCSAND2USTOW!0ETITIONTOA7OMANATTHE&ATIMID
Court.

+HAN4HE(ISTORICAL$EVELOPMENT+HAN!RABIC,EGALAND!DMINISTRATIVE$OCUMENTS, pp.
 

4HISRESEARCHWILL)HOPECULMINATEINTHREESEPARATEPUBLICATIONSADIPLOMATICSTUDYOF
SELECTEDDOCUMENTSUNDERCONTRACTWITH"RILL ASTUDYOF&ATIMIDGOVERNANCEFOCUSINGESPEcially on the rich documentary material from Jewish sources (under contract with Princeton
5NIVERSITY0RESS ANDJOINTLYWITH'EOREY+HANACOMPREHENSIVEEDITIONOF&ATIMIDSTATE
DOCUMENTSFROMVARIOUSCOLLECTIONS'ENIZAARCHIVALANDPAPYROLOGICAL 

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THE LEGAL STATUS OF )---S IN THE FATIMID EAST: A VIEW FROM THE PALACE IN CAIRO

311

CEDURETHATCOULDOERTHEMACCESSTOJUSTICEABOVETHEJURISDICTIONALLEVELOF
the Qcourts and to the authority of the state when needed.
The surviving MALIMDOCUMENTSTENDTOCITEALIMITEDRANGEOFJUSTICATIONSFORTHEREQUESTSTHEYMAKEINTHECASEOFPETITIONS ORTHEDECISIONSTHEY
RENDERINTHECASEOFDECREES 4HEMOSTFREQUENTJUSTICATIONSTHEYOERIN
cases brought by IMM SAND-USLIMSALIKEAREPRIORPRECEDENTANDTHEPERSONALQUALITIESOFTHESOVEREIGNSUCHASHISAUTHORITYHISCOMMITMENTTO
justice, and his divinely ordained sovereignty. IMMcases cite an additional
PRINCIPLE THE LAWS AND CUSTOMS OF THE RELIGIOUS COMMUNITY IN QUESTION
Missing from most of the documents are appeals to ARA or the interpretations of the FUQAH4HATTHEJUSTICATIONSFALLWITHINTHISRANGEREGARDLESSOF
the type of case already suggests the independence of the MALIMtribunals
from the legal system as constituted and maintained by judges and jurists.
)NWHATFOLLOWS)WILLOERAFEWEXAMPLESOFEACHTYPEDRAWINGOUTTHEIR
implications for IMM status and MALIM justice, and ending with cases
LODGEDAGAINSTMID LEVELOCIALS

5HTXHVWVIRULQYHVWLWXUH

Under Fatimid rule, as in other medieval Islamic contexts, IMMGROUPS

the Jewish community (QAHAL ANDTHE#OPTIC-ELKITEAND*ACOBITECHURCHES
POSSESSEDTHERIGHTTOAPPOINTTHEIROWNOCIALS"OTHTHEJURISTSANDTHE
state alike considered this right fundamental to their protected status, which
guaranteed their religious practices and their immunity from outside intervention, at least within certain limits; other limits were rarely enforced (such
as the ban on public IMMCEREMONIESSTIPULATEDINTHE0ACTOF5MAR "UT
despite these guarantees of autonomy, IMMOCIALSSOUGHTINVESTITURESFROM
the sovereign, regardless of the door that might open to state intervention;
THEYDIDSOSEEKINGOCIALRECOGNITIONSANCTIONANDSUPPORTFORTHEIRLEAdership and for the group they led.
Petitioning for investiture served leaders by allowing them to forge a direct link to the highest ruling authority. Leaders tended to seek renewal of


&ORGINGARELATIONSHIPDIRECTLYWITHTHEHIGHESTRULINGAUTHORITYANDBYPASSINGMID LEVEL
OCIALSISANARRANGEMENTWIDESPREADINVARIOUSMEDIEVAL*EWISHCONTEXTSFORWHICH"ARON
coined the term royal alliance; see his !3OCIALAND2ELIGIOUS(ISTORYOFTHE*EWSVOLPP 
Baron, Plenitude of Apostolic Powers and Medieval Jewish Serfdom; Baron, Medieval
Nationalism and Jewish Serfdom; Baron, 3OCIALAND2ELIGIOUS(ISTORYOFTHE*EWSVOLPP 
The concept was greatly expanded and deepened in Yosef Hayim Yerushalmis work on the
Iberian peninsula and, eventually, on other settings from the Roman Empire to the Warsaw
Ghetto; see Yerushalmi, 4HE,ISBON-ASSACREOF; Yerushalmi, Serviteurs des Rois et non
serviteurs des serviteurs; and my comments in Rustow, La notion dalliance royale et
Yerushalmi pour matre. But in the medieval Islamic context, if not in others, this notion

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312

MARINA RUSTOW

THEIRINVESTITUREDOCUMENTSNOTONLYWHENTHEYTHEMSELVESROSETOOCEBUT
also with each successive ruler. For the leaders themselves, such documents
bolstered their authority by strengthening their hand in case of jurisdictional
CONICTS10 or laying the groundwork for intervention by the police or other
AGENTSOFSTATECOERCIONURA; RIla 11; but it also strengthened the ruler by
setting him up as the patron and personal protector of high-ranking
IMM leaders.
$OCUMENTSOFINVESTITUREWERETHENSOMEWHATPARADOXICALTHEYGRANTED
IMMgroups the right to shape and practice their religious customs under
the sole authority of their appointed leader, free from the hindrance of the
state; but they granted that right in the form of a document issued on appeal
to the state. Jewish and Christian leaders did not, however, regard it as a paradox, for one simple reason: they set the terms of their own appointment, and
THESOVEREIGNMERELYRATIEDITFROMABOVE

REQUIRESCAREFULRECONSIDERATIONONATLEASTTWOCOUNTSALINKTOTHERULERDIDNOTNECESSARILY
EXCLUDELINKSTOLOWER LEVELOCIALSSEENN BELOWANDTHEPETITIONSTOLOWEROCIALSIN
Khan, !RABIC,EGALAND!DMINISTRATIVE$OCUMENTSDOCS  ANDTHESTRUCTUREOFTHE)SLAMIC
state itself tended to encourage direct links to the ruler, so Jews were by no means exceptional
in forming them.
10
4HEgaon OF*ERUSALEMELOMOBEN9EHUDA  WHENTHREATENEDBYARIVALCLAIMANT
TOHISTITLEANDPOSITIONIN CAMETOTHELATTERSTURFIN2AMLAARMEDWITHANEDICT
(TAWQ  THAT WAS PROBABLY A RECONRMATION IN OCE FROM LOCAL OCIALS 3EE #AMBRIDGE
5NIVERSITY,IBRARY-3/R*'IL0ALESTINE$URINGTHE&IRST-USLIM0ERIODDOCDISCUSSED
in Rustow, (ERESYANDTHE0OLITICSOF#OMMUNITY, pp. 305-306.
11
-OBILIZINGSTATECOERCIONWASAPPARENTLYANOPTIONOPENTOOTHERHIGH RANKINGIMMOCIALSASWELL4HUSINANDTHEELDERSOFTHE*ERUSALEMYEIVAcalled upon the Fatimid
governor of Jerusalem to attend the Jewish pilgrimage festival of the Mount of Olives in order
to prevent the gaon from declaring an excommunication against the Qaraites (for details, see
Rustow, (ERESYANDTHE0OLITICSOF#OMMUNITY, pp.  AND  LIKEWISEINTHESPRINGOR
SUMMEROFAFACTIONOF*EWSSUPPORTINGELOMOBEN9EHUDAASgaon against the rival
MENTIONEDABOVEN PETITIONEDTHECHANCERYOFAL -USTANIRCOMPLAININGTHATTHERIVALS
supporters had overpowered them with RIlaANDREQUIREDTHEMTOOBSERVECUSTOMS NOT
permissible according to their religious convictions and threatened imprisonment and all
KINDSOFTERRIBLETHINGS#AMBRIDGE5NIVERSITY,IBRARY4AYLOR 3CHECHTERHEREAFTER4 3 !R
/XFORD"ODLEIAN,IBRARY-3(EBBIN3TERN0ETITIONTOTHE&IMID#ALIPH
AL -USTANIRPP AND'IL0ALESTINEDOCSEEALSO2USTOW(ERESYANDTHE0OLITICSOF
#OMMUNITYPP  !NOTHERDOCUMENTTHATMUSTBERECONSIDEREDINTHISCONTEXTISADEPOSITIONOFINWHICHABROTHERBRINGSLEGALACTIONAGAINSTHISSISTERFORPURSUINGHERINHERITANCE
from her father in an Islamic court; the Fatimid military police (RILA TAKETHEBROTHERTOTHE
QTOHAVEHIMSURRENDERHERSHARE4 3*4 3*ADOCUMENTJOINEDBY/DED
:INGERTOPHALFPUBLISHEDMOSTRECENTLYIN'IL0ALESTINEDOCCFTHEDISCUSSIONIN2USTOW
(ERESYANDTHE0OLITICSOF#OMMUNITY, pp.   BOTTOMHALFAVAILABLEONLINEIN'OITEINSEDITION
THROUGHTHE0RINCETON'ENIZA0ROJECTENTIREDOCUMENTTOBERE EDITEDIN:INGERSDISSERTATION
IN PROGRESSONWOMENANDCOURTDOCUMENTSFROMTHE'ENIZA$EPARTMENTOF.EAR%ASTERN
3TUDIES0RINCETON5NIVERSITY 

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THE LEGAL STATUS OF )---S IN THE FATIMID EAST: A VIEW FROM THE PALACE IN CAIRO

313

4HUSADECREEISSUEDDURINGTHEVIZIERATEOFAL !FALB"ADRAL *AML

 THEDEFACTORULERDURINGTHECALIPHATESOFAL -USTAL
 ANDAL MIR RENEWSTHEPRIVILEGES
OFA#HRISTIANLEADERONTHELATTERSREQUEST12 The fragment of the decree that
HASSURVIVEDDOESNOTSAYWHATKINDOFANOCIALTHISWASORTOWHICHCHURCH
he belonged; his followers are referred to only as AL NARA, Christians, and the
LISTOFSPECICPREROGATIVESHASNOTSURVIVED134HATSAIDTHEDOCUMENTOERS
precious information about petitions for investiture and what they meant for
IMMstatus.
First, it is clear that the initiative for the decree came from the Christian
OCIALHIMSELFORHISCLOSEASSOCIATESBECAUSETHEDECREEREFERSTOITSELFASA
TAWQARESCRIPTTHETECHNICALNAMEFORADECREEISSUEDUPONTHEREQUESTOF
its recipient.3ECONDINTHEDECREETHERULERANDHISADMINISTRATORSOERA
SPECICSETOFJUSTICATIONSFORTHEIRDECISIONTOGRANTTHEINVESTITURE7HAT
has been preserved begins INMEDIASRESINTHEARENGAINDIPLOMATICTERMS
the section of a document in which its author expresses his or her motives for
writing it. In a decree, the arenga is where we should expect rulers to discuss
THEIRQUALITIESOFJUSTICETHEIRDEEDSOFBENEFACTIONANDTHEBASISOFTHEIR
authority to grant and defend prerogatives. This decree states that caliphs in
GENERAL POSSESS THE RIGHT TO CONCEDE INVESTITURES TO THE OCIAL WHO IS
appointed

OVERALLTHE#HRISTIANSDWELLINGINHISTHECALIPHS DOMINIONANDLIVING;IN=
the provinces of his kingdom, so that he may execute their legacies (MAWRTH15 
12

4 3!R+HAN!RABIC,EGALAND!DMINISTRATIVE$OCUMENTS, doc. 120 (at Cambridge

these two sheets are catalogued backwards, with indications of recto and verso reversed from
THOSEIN+HANSEDITIONWHICH)HAVEFOLLOWEDHERE 4HISDOCUMENTISACOPYOFTHEORIGINAL
decree written in a chancery hand but without the characteristic mise-en-page and mise-enTEXTEOFOCIALDECREESISSUEDTOTHEIRRECIPIENTSTOJUDGEBYTHESCRIPTITWASCOPIEDBYA
TRAINEDCHANCERYOCIAL!LTHOUGHITNOWCONSISTSOFTWOSEPARATEPAPERROTULIITISEVIDENT
from the way they are preserved that they once formed a part of the same long, narrow noteBOOK4HELATTERISALSOTRUEOF4 3!RAN!YYUBIDDOCUMENTOFAPPOINTMENTMADEFORA
*EWISHLEADERIN3YRIAIN+HAN!RABIC,EGALAND!DMINISTRATIVE$OCUMENTS, DOC )T
is evident that it is a copy rather than a draft because the document states that the original
BOREREGISTRATIONMARKSANDTHEMOTTOALMA OFAL !FAL4 3!RVERSOLINES 4HE
SCRIBEALSOMADEANERRORINHISCOPYHEHASWRITTENTHEDATEASTENYEARSBEFORE
AL !FALSACCESSIONSEE+HAN!RABIC,EGALAND!DMINISTRATIVE$OCUMENTSPP 
13
4HEPOSSIBILITIESINCLUDEA#OPTICBISHOPA-ELKITEBISHOPORPATRIARCHIFTHEDOCUMENT
PREDATESTHE&ATIMIDLOSSOF*ERUSALEMTOTHE3ELJUQSINOR ANDA*ACOBITEMETROPOLItan, but not a patriarch (during the Fatimid period the West Syrian patriarchate was housed
IN-ALAYAOUTSIDE&ATIMIDTERRITORY 

4 3!RRECTOLINEITALSOUSESTHETERMSsiill4 3!RRECTOLINEAND4 3
!RVERSOLINE ANDSIILLMAN;R=4 3!RVERSOLINES 
15
)READMAWRASREFERRINGINGENERALTOTHETRADITIONSANDCUSTOMSOFTHECHURCHINQUESTION
rather than to the body of law concerned with inheritances (were the latter meaning intended,
THEDOCUMENTWOULDHAVELISTEDOTHERAREASOFLAWOVERWHICHTHELEADERHADJURISDICTION 

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314

MARINA RUSTOW

ASREQUIREDBYWHATISSTATEDANDARTICULATEDINITTHE#HRISTIANSRELIGION 
BOTHSPECICALLYANDGENERALLY
The commander of the faithful is the most worthy person to execute the insTRUCTIONSOFHISANCESTOR;THECALIPHAL -USTANIR=ANDTO
act upon his noble and glorious deeds, which are found in his noble and glorious SUNNA to water what he has planted and to elevate what he has built and
FOUNDED(EHASEXECUTEDINAGLORIOUSANDMAGNICENTMANNERTHEINSTRUCtions of this gracious decree: he has made these Christians conform to his
mighty judgments and strengthened his sacred and established principles. He
ASSUMESTHERESPONSIBILITYFORTHEWELFAREOFTHEMEMBERSOFRELIGIOUSGROUPSMILL 
ANDIMMS(EOERSCONSIDERATIONANDJUSTICETOHEWHOISWEAKSOTHATHEMAYBE
EQUALTOTHESTRONG.
He has delegated the present authority to them on the basis of the precedent
SETBYHISANCESTORSALACUNAINTHETEXTFOLLOWS ANDWITHTHESANCTIONOF
THEINSTRUCTIONSISSUEDINTHEIRTIMESTOFOLLOWTHISPRECEDENT ANDTOCONTINUE
TOACTASISCUSTOMARYINTHEKNOWLEDGETHATTHEYTHECALIPHS ARETHEREPREsentatives of God on earth.
He, praise him, has granted them the power to extend or restrain. Their clients
(AWLIYUHUM ARECLOTHEDINTHEIRJUSTICETHEYSHOWCONCERNFORANDDEFEND
their subjects (RIYAHUM REGARDLESSOFRANK16

Here we see three motives for the caliphs decision to bestow on this
Christian leader the benefaction of a decree of investiture. First, the caliph
upholds IMMLAWSANDCUSTOMSTHEIRLEGACIESASREQUIREDBYWHATISSTATED
and articulated in their religion. Second, the caliph acts according to precedent, here variously called the SUNNA, the precedent or the instructions
set by his ancestors, the sanction of the instructions issued in their times,
ANDORDERSISSUEDBYAL -USTANIRANDBYAL MIR Third, the caliph decides
INACCORDANCEWITHTHEQUALITIESOFCALIPHSINGENERALTHEIRAUTHORITYTHEY
ARETHEREPRESENTATIVESOF'ODONEARTH THEIRCONCERNFORTHEIRSUBJECTS
THEYSHOWCONCERNFORANDDEFENDTHEIRSUBJECTSREGARDLESSOFRANK AND
THEIRDUTYTODISPENSEJUSTICETHEIRCLIENTSARECLOTHEDINTHEIRJUSTICE IMM
CUSTOMPRIORPRECEDENTANDSOVEREIGNBENEFACTIONTHISTRIPARTITEJUSTICAtion for MALIM decisions is typical of the documents and recurs in them.
)FSOMEOFTHESEDOCUMENTSCITEASJUSTICATIONTHERULERSDUTYTOUPHOLD
IMMCUSTOMSHOWDIDRULERSKNOWWHATTHOSECUSTOMSWERE4HEYKNEW
16

-YEMPHASIS)HAVEALTERED+HANSTRANSLATION
)FONEACCEPTSMYRECONSTRUCTIONOFTHEANTECEDENTOFTHEPRONOUNINTHISSENTENCEBUTTHE
SAMETYPEOFSTATEMENTISWELLATTESTEDINOTHERDOCUMENTSSEENEXTPARAGRAPH 

)TISNOTEWORTHYTHATTHEINTERVENINGCALIPHATEOFAL -USTALISNOTMENTIONED4HISMAY
simply be because the privilege had not been renewed during his caliphate.

!DECREEOFAL  FROMTOTHEMONKSOF3INAIMERGESTHE
SECONDTWOMOTIVATIONSINTOONEITDEPICTSTHECALIPHASDIRECTINGTHEAAIRSOFTHECOLLECTIVITY
of Muslims as well asIMM s, in the manner corresponding to his accustomed good-will. Stern,
&IMID$ECREESDOC


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THE LEGAL STATUS OF )---S IN THE FATIMID EAST: A VIEW FROM THE PALACE IN CAIRO

315

because they asked IMM S themselves to testify on the matter. This is clear
FROMANINVESTITUREREQUESTFROMTHEgaon of Jerusalem (the head of the YEIVA
OF*ERUSALEMANDTHERELIGIOUSLEADEROFTHERABBINIC*EWSINTHE&ATIMIDSTATE 
ELOMO BEN 9EHUDA   TO THE &ATIMID CALIPH AL -USTANIR ON THE
OCCASIONOFTHELATTERSACCESSIONTOTHECALIPHATEIN4HEPETITION
HASNOTSURVIVEDBUTTHE'ENIZAHASYIELDEDTHEDRAFTOFARELATEDDOCUMENT
EITHERPARTOFTHEPETITIONORASEPARATETESTIMONYACCOMPANYINGITINWHICH
the gaons Cairo-based supporters list all the prerogatives that he had exerCISEDDURINGHISPREVIOUSELEVENYEARSINOCERENDERINGLEGALDECISIONSIN
Jewish courts; authorizing Jewish marriages and divorces; generally enforcing
Jewish law; imposing and cancelling bans of excommunication; appointing
and dismissing members of the yeshiva and judges; appointing cantors for the
synagogues and kosher butchers for the markets; and supervising the community leaders and the court trustees. The gaons followers simply informed
the caliph of these privileges, and the caliph was expected to ratify his appointment based on their word.20
One of the remarkable aspects of these documents is the way they demonstrate IMMLEADERSTOHAVEBEENUENTINTHEARCANAOFFORMULARYDIPLOMATIC
ANDJUSTICATORYRHETORIC2EQUESTSFORINVESTITUREBORROWFREELYFROMPRIOR
decrees (a point that indirectly demonstrates the existence of IMMarchives
EVENWHERENONEHAVESURVIVED ANDTHEYSOMETIMESUSETHISKINDOFRHETORIC
even in internal communal correspondence. Such is the case in a letter of
1025, in which the gaon elomo ha-Kohen ben Yehosef (who served for only
SIXMONTHS WRITESTOHIS*EWISHSUPPORTERSIN#AIROASKINGTHEMTOSUBMITA
PETITIONFORINVESTITUREONHISBEHALFTOAL HIR 4HE
gaon WROTETHELETTERINALENGTHYANDORIDMANNERINBEAUTIFULLYCALLIGRAPHIC(EBREWANDONAONCE SPLENDID LOOKINGROTULUSPROBABLYMORETHAN
one meter long; the physical presentation of the letter and the choice of
(EBREWWERECLEARLYINTENDEDASSIGNIERSOFHISNEWLYASSUMEDGAONICAUTHORITY9ETTHEONLYWAYTOMAKESENSEOFTHESECTIONREQUESTINGANINVESTITURE
decree is to assume an Arabic 6ORLAGEBEHINDTHEORID(EBREWPROBABLYTHE
arenga of a rescript of investiture that one of his predecessors had received:
FORHETHECALIPH LOOKSAFTERHISOCKHEWRITESANDALSOAFTERTHESLAVES
OFHISREALMAVEDEYMALUTO WHOAREKNOWNTOHIMANDWERE ALSOKNOWN 
TOHISESTEEMEDFATHERSINTHEIRETERNAL REST(ETHENTIPSHISHANDANDDEmonstrates that he has been consulting previous documents of appointment:
for three of his ancestors have granted a benefaction to us (i.e., to previous
GEONIM SINCEWEPOSSESSTHEIRDECREESNITAVNAM THEDECREEOFHISGREAT

20

0HILADELPHIA5NIVERSITYOF0ENNSYLVANIA#ENTERFOR!DVANCED*UDAIC3TUDIES(ALPERV

'OITEINED 0ALESTINIAN*EWRYIN%ARLY)SLAMICP'OITEIN.EW3OURCESONTHE0ALESTINIAN
Gaonate, doc. 3; and see the emendation in Rustow, (ERESYANDTHE0OLITICSOF#OMMUNITY, ch. 11,
notes 56. I have altered Goiteins translation.

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316

MARINA RUSTOW

grandfather, of his grandfather, and the decree of his father. Let him (the
CALIPH COMPLETETHOSEWITHHISOWNDECREE21 Precedent worked from both
sides, then: the testimony of the gaonSSUPPORTERSSUCEDTODETERMINETHE
SHAPEOFHISOCEANDTHEDECISIONOFTHECALIPHSPREDECESSORSTOISSUEINVESTITURESJUSTIEDHISNOWDOINGSO22
4HEFACTTHATAPPOINTMENTSWEREMADEFROMBELOWANDRATIEDFROMABOVE
was of course preferable for Jews and Christians than having some courtier
toady imposed on them from Cairo. But as systems of leadership go, this one
was subject to one serious weakness: factional rivalry. That helps to explain
THEFREQUENCYOFJURISDICTIONALCONICTBETWEENDIERENTIMMfactions, the
type of petition and decree to which I will now turn.

3HWLWLRQVIRUWKHUHVROXWLRQRIOHDGHUVKLSGLVSXWHV
IMM leaders and their followers used the chancery as a measure of last
resort in power struggles when state power could work to the advantage of
one party or another. But given that members of the IMMGROUPITSELFOERED
TESTIMONYJUSTIFYINGTHEIRREQUESTITWASEASYALMOSTTOOEASYFORRIVALLEAders to submit counter-petitions mustering testimony supporting their leadership over that of the incumbent.
4HIS WAS THE CASE AROUND  WHEN A LEADER OF THE )RAQI RITE *EWISH
MAHAB9SUFAL 3IILMSATTEMPTEDTOSECUREFORHIMSELFTHERIGHTTOAPPOINTHISOWNJUDGESANDOTHEROCIALSIN0ALESTINE!LLAPPOINTMENTSTOOCE
had fallen within the compass of the gaonSOCEASLONGASANYONECOULD
remember; infringing on this prerogative was a highly unusual move. The
gaonELOMOBEN9EHUDATHEREFORESUBMITTEDAPETITIONTOAL HIRINWHICH
HEASKEDTHECALIPHTODENYTHE)RAQILEADERSREQUESTTHEPETITIONSURVIVEDIN
the Geniza in a later copy transcribed into Hebrew characters.23
21

4 3RECTOLINES'OITEINED .EW3OURCESDOC'OITEIN0ALESTINIAN*EWRYIN

%ARLY)SLAMICPP 'IL0ALESTINE, doc. 51.
22
4HETACTICOFCITINGPRECEDENTWASNOTRESTRICTEDTOINVESTITURESINOCE!DECREEOFAL HIR
OFRENEWINGTHEPRIVILEGESOF3T#ATHERINESIMILARLYENUMERATESTHEIRPREVIOUSCONRMATION4HECALIPH IMMSAL -UIZZAL !ZZANDAL KIMMAY'ODSANCTIFYTHEIRSOULSORDERED
DECREESTOBEDRAWNUPCONRMINGFORYOUALLTHISTHEPRIVILEGESENUMERATEDABOVE 9OUTHEN
asked for a decree to be drawn up renewing everything that the caliph-IMM-s granted to you,
TOCONRMTHEPROTECTIONTHATTHEYEXTENDEDTOYOUALLANDTOOBSERVETHESEBONDSANDCOVenants (AIMMA DUETOYOU4HECOMMANDEROFTHEFAITHFULHASTHEREFOREORDEREDTHATADECREE
BEDRAWNUPORDERINGALL TODEALWITHYOUACCORDINGTOTHATEARLIER TEXTANDINCONFORMITY
with the explanation that you have written. Archive of the monastery of St. Catherine, Sinai,
3TERNED &IMID$ECREES, doc. 1.
23
.EW9ORK*EWISH4HEOLOGICAL3EMINARYOF!MERICA%.!'OITEIN#ONGREGATION
versus Community; Gil,0ALESTINEDOCSEEALSO+HAN4HE(ISTORICAL$EVELOPMENTP

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THE LEGAL STATUS OF )---S IN THE FATIMID EAST: A VIEW FROM THE PALACE IN CAIRO

317

The gaonSPETITIONTOAL HIRSUGGESTSJUSTHOWSIMPLEAMATTERITMAY

have been for the caliph to grant an investiture. He therefore found himself
INTHEUNENVIABLEPOSITIONOFEXPLAININGTOTHECALIPHTHATTHE)RAQICAMPWAS
attempting to usurp a privilege for which there was no prior precedent:
4HISAAIRISAMACHINATIONOFTHEPARTISANSOF9SUFAL 3IJILMS WHOARE
AGITATINGFORTHE)RAQILEADERYAHARAL TAAUBALI RASIL IRQ &ORTHEYHAVE
decided with him that, should he succeed in obtaining a rescript (TAWQ FROM
THE0RESENCETHE#ALIPH SECURINGLEADERSHIPFORHIMSELFTHISWOULDSTRENGTHEN THEM IN WHAT THEY INTEND TO DO FOR 9SUF AL 3IJILMS  AND HIS
supporters.

The gaon JUSTIESHISPETITIONONTHEBASISOFTHREEARGUMENTSTHESAME

ones the documents of investitures use: the customs of the Jewish religion;
the justice of the ruler; and the precedent set by previous practice and by the
state itself.
In arguing for Jewish custom, the gaon cites three distinct bodies of rules:
the administrative law of the Jewish religion (QNNAL MAHABMAHABin
THESEDOCUMENTSCANMEANEITHERARELIGIONORADISTINCTSCHOOLWITHINIT 
SACREDTEXTTHE4ORAH ANDCUSTOMRASM 

It is the law of our school (QNNAL MADHHAB THATTHERESHOULDBENOCHIEFDOM

above the chiefdom of Jerusalem, for the Holy City is the place towards which
*EWS TURNINPRAYERAND'ODMAY(EBEEXALTEDHASORDEREDTHEMTOOBEY
the command of the leader who will be in Jerusalem and to follow his authority;
he who disobeys him disobeys God. This is witnessed in our Torah. Just as the
body cannot exist with two heads, so there is no learning in a town with two
judges (QAYN 4HESESYNAGOGUESHAVEBEENASCRIBEDTOTHE)RAQISBECAUSE
they have the custom (RASM OFOBSERVINGASECONDDAYOFHOLIDAYAFTERTHEY
HAVEOBSERVEDTHERSTDAY WITHUS4HELEADERSOF*ERUSALEMPERMITTEDTHEM
THISASAFAVOURALARQAL TAFAUL SOTHATTHEYCOULDPRAYTHEREONTHEDAY
of their holiday, which is the day after our holiday, which they keep together
WITHUSBUTTHEYPERMITTEDTHEM NOTHINGELSE

The last sentence emphasizes that the GAON possesses the prerogative of
granting privileges, and grants them as benefactions rather than rights. I
hasten to add that the Torah does not, in fact, say any such thing about
obeying the command of the leader of Jerusalem, and the gaon is resorting
here to a patently rhetorical stance. That said, when it comes to law, he seems
to choose his words carefully: he speaks of QNN rather than QH orARA (the
PLAIN!RABICEQUIVALENTOFTHE(EBREWHALAKHA PERHAPSTOUNDERSCORETHAT
having a single Jewish leader in Palestine falls under the rubric of administrative rather than religious law; and he speaks of RASM rather than SUNNA,
again perhaps to distinguish administrative precedent from religiously binI have altered Goiteins translation.

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318

MARINA RUSTOW

ding divine commandment. This passage suggests, then, that IMM Smay
have been perfectly aware that they were operating within a legal system that
rested on administrative law and was distinct from the worlds of QHHALAKHA
or other types of divine law mediated and interpreted by religious
authorities.
As for caliphal precedent, the gaon similarly demonstrates an acute awareness of bureaucratic procedure, down to the terminology he uses to describe
decrees (SIILLT ANDHISKNOWLEDGEOFTHEFACTTHATTHEYWEREPRESERVEDIN
government registers or archives (DAWWN 
4HEPURE0RESENCETHECALIPH HASMADEGRANTSINNUMEROUSDECREESSIJILLT 
TOMANYLEADERSOVERTIMEAFACTTOWHICHTHEARCHIVESTESTIFYALJBIRIL UHRI
L DAWWNUTASHHUDUBIALIK BUTTHEYHAVENOTMADEFORANYOFTHEMAPARTNER
in what they have bestowed upon them, for the edict (SIJILL OFTHEGOVERNMENT
MAY'ODBESTOWGLORYUPONITSVICTORIESHASBEENWRITTENALACUNAFOLLOWS 

The gaon thus makes it perfectly clear that he is aware of what documents
mean and of the importance of the precedents to which those documents
attest.
7HETHERAL HIRISSUEDANEWDECREEOFINVESTITURETOELOMOBEN9EHUDA
RECONRMINGHISPRIVILEGESWEDONOTKNOWSINCETHISPETITIONISALLTHATHAS
survived, but it stands to reason, since he served as gaon for another two
DECADES(EMAYALSOHAVEISSUEDADECREETOTHE)RAQISORDERINGTHEMTOFOLlow elomo ben Yehuda, since these petitions often resulted in two decrees,
one to the petitioner and another to the party over whom authority needed
to be exercised.
#HRISTIANSTOOUSEDTHESTATETORESOLVELEADERSHIPCONICTSEVENIFDOCUMENTARYEVIDENCETOTHATEECTHASNOTTOTHEBESTOFMYKNOWLEDGESURvived. The Coptic chronicle known as 4HE(ISTORYOFTHE0ATRIARCHSOFTHE%GYPTIAN
#HURCHrecounts an episode of intense dissatisfaction with the patriarch Cyril
OF!LEXANDRIAANDINHISOPPONENTSTRIEDTOHAVEHIMDEPOSEDBYAPPEAling to the Fatimid AMRAL UYthrough his Christian groundskeeper. In
RESPONSETOTHEPETITIONTHEVIZIER"ADRAL AMLDEMANDEDTHATTHEPAtriarch present himself at the court in Cairo on a regular basis, and that was
how the patriarchate moved from Alexandria to Cairo. The move was of great
advantage to the high leadership of Coptic church, because it allowed the
patriarch easier access to the caliphs and the chancery; but it also created
FURTHERCONICTSINCETHEPATRIARCHOF!LEXANDRIAEVENTUALLYDISPLACEDTHE
bishop of Cairo as the main representative of the church in the capital. The
rivalry between the two was so intense that the next patriarch, Michael IV



!TIYAETAL, (ISTORYOFTHE0ATRIARCHSOFTHE%GYPTIAN#HURCHVOL))FOLRV

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THE LEGAL STATUS OF )---S IN THE FATIMID EAST: A VIEW FROM THE PALACE IN CAIRO

319

 FORCEDTHEBISHOPOF#AIROINTOEXILENOTONCEBUTTWICE25 We can

assume that in petitioning the caliph, Copts used the same administrative
procedures abundantly attested among Jews and Melkites.
4HEPETITIONSINCASESOFCONICTDEMONSTRATETHATINVITINGGOVERNMENT
INTERVENTIONINTOTHATMOSTINTIMATEOFDECISIONSWHOWOULDLEADONESRELIGIOUSGROUPANDREPRESENTITBEFORESTATEAUTHORITIESDIDNOTTHREATENTHE
fundamental rights or prerogatives of the community to practice their religion without interference. On the contrary: from the leaders point of view,
state support strengthened the communitys autonomy rather than weakeNINGITELOMOBEN9EHUDAOBJECTSAFTERALLTOTHESUBSTANCEOF9SUFAL
3IILMSSAPPEALSTOTHECALIPHBUTNOTTOHISMETHODS
This is an important conclusion when viewed in comparison with medieval
Christian Iberia, where seeking justice outside the legal and administrative
framework of the Jewish community often met with aggressive condemnation
FROMRABBINICLEADERSDESPITETHEFACTTHATTHELEADERSTHEMSELVESALSORELIED
on the coercive power of the state, or precisely because of it. But while in the
west, rabbinic leaders branded those who sought justice outside the Jewish
community as traitors and informers (malinim THEEASTERNMATERIALHIGH
lights the fact that anyone branded an informer was neither more nor less
loyal to the Jewish community than the leaders were. In practice, communal
autonomy was not as jealously guarded a privilege as modern scholarship on
premodern Jewish communities once believed. This is a point that has been
made by Elka Klein and Jonathan Ray for Christian Iberia, and by Tamer El,EIY5RIEL3IMONSOHNANDMYSELFFORTHE)SLAMICEAST"UTITHASNOTTOTHE
best of my knowledge, yet been made for IMM S in the Islamic west.26
Thus far, appeals to the state from leaders and groups; to follow, appeals
from individuals.

$SSHDOVIRUDLG

)NPRINCIPLEANYINDIVIDUALCOULDAPPROACHTHESTATEWITHREQUESTSFORAID
in personal matters. Petitions have survived from great merchants, middling
traders and the poor alike, and they suggest the range of people who had or
MANAGEDTONDACCESSTOOCIALCHANNELS)TISFREQUENTLYIMPOSSIBLETO
25

&ORASUMMARYOFTHEAAIRSEE#OHEN*EWISH3ELF 'OVERNMENTIN-EDIEVAL%GYPT, PP 

+LEIN*EWS#HRISTIAN3OCIETYAND2OYAL0OWERIN-EDIEVAL"ARCELONA, pp. 26-51; Ray, 4HE3EPHARDIC
&RONTIERPP EL ,EIthy, Coptic Culture and Conversion in Medieval Cairo; Simonsohn,
Communal Boundaries Reconsidered; Simonsohn!#OMMON*USTICE; Rustow, (ERESYANDTHE
0OLITICSOF#OMMUNITY, chapter 3 ETPASSIMand Rustow, At the Limits of Communal Autonomy,
pp 3EEALSOTHESTILLEXCELLENTANALYSISIN"ARON4HE*EWISH#OMMUNITY, vol. 1, pp. 21-25
ANDVOLPP 
26

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320

MARINA RUSTOW

DETERMINETHERELIGIOUSALIATIONOFTHESEPETITIONERSBUTWHERETHEIRALIATIONSARECLEARTHEREISNODISCERNABLEDIERENCEBETWEENPETITIONSFROM
Muslims and from IMM S.
4HUSAHUMBLEBAKERFROM&USNAMED!B!BD!LLHB9AYTHE
NAMESAREATTESTEDAMONG*EWS#HRISTIANSAND-USLIMSALIKEPETITIONED
AL !ID FORHELPINREPAYINGADEBT(UMBLETHOUGHHE
MAYHAVEBEENASARESIDENTOF&US #AIROHEALSOHADACCESSTOHIGHLY
trained professional petition-writers, to judge by his petition, which is an
impressive specimen of the genre, more than half a meter long and written
in an experienced and cursive chancery hand. The baker reports that
he is a poor man, with a family and children and that he has a debt to a man
CALLED!BDAL "AQ)BN7ARDARBUTISTOOPOORTOPAYITBACK4HEAFOREMENTIONEDCREDITORISDEMANDINGITFROMHIMINACRUELFASHION4HESLAVEREQUESTS
as a kindness and benefaction, the issuing of an incontrovertible ordinance to
the mighty judge (MUTAWALLAL UKMAL AZZ TOEXAMINEHISSITUATIONAND
divide the debt into installments according to his condition, and to treat him
LENIENTLYSOTHATHEMAYNDTHEMEANSTODWELLINHISNATIVECITYWAANIH 
to support his beloved family, and to live a new life in these days of the (comMANDEROF THEARMIESTHEVIZIER MAY'ODMAYHEBEEXALTEDCAUSETHEM
THEARMIES TOENDUREANDMAKEETERNALTHEREIGNOFTHEIRSOVEREIGNASA
benefaction and kindness to him.

4HEMIGHTYJUDGEWHOISASKEDTOINVESTIGATETHEBAKERSCASEISIDENTIED
ONTHEVERSOOFTHEPETITIONWHICHCONTAINSTHECALIPHALRESCRIPTONEOFVERY
few extant petitions that have survived together with the decision on verso.
4HERESCRIPTISWRITTENINTHENEANDBROADPENSRESPECTIVELYOFTHETWOMAIN
CHANCERYOCIALSRESPONSIBLEFORPROCESSINGCASESTOGETHERWITHASUPERB
SPECIMENOFANALMAOCIALSIGNATURE 4HERESCRIPTCONRMSTHEBAKERS
REQUESTNOTINGTHAT
an instruction has been given to the prosperous and trustworthy Q+AML
AL $NTOCLARIFYTHEPETITIONERSSITUATION)FHISPOVERTYISESTABLISHEDINTHE
MANNERINWHICHSUCHMATTERSARENORMALLY ESTABLISHEDLETHIMLOOKINTOHIS
case as the Law (AL SHAR REQUIRESANDASTHECASEDEMANDS!NDITTHISRESCRIPT 
should be deposited in his hand.

4HEUSEOFTHETERMARINTHISCONTEXTISNOTEWORTHYITISARAREINSTANCE
in which the divine law of Islam is invoked as a guiding factor for a decision
in a MALIMcase. Yet it is perfectly clear that such an invocation is made only
because the case is delegated to a Qand so might, in the present state of
research, be regarded as an exception.


/NTHISPHRASESEE+HAN!RABIC,EGALAND!DMINISTRATIVE$OCUMENTSN

4 3!R+HAN!RABIC,EGALAND!DMINISTRATIVE$OCUMENTSDOC

&ORFURTHEREXAMPLESSEE3TERN0ETITIONSFROMTHE!YYUBID0ERIODDOCSAND


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THE LEGAL STATUS OF )---S IN THE FATIMID EAST: A VIEW FROM THE PALACE IN CAIRO

321

From the fact that this rescript survived in the Geniza, we can assume that
the baker was handed it back and that the Qindeed received a decree instructing him to investigate the case. Whether the baker was then actually
allowed to pay his debt in installments we do not know.
The intersection of administrative law and AR law appears in another
kind of case: IMMI s who turned to the chancery asking to be exempted from
THEIZYA!FRAGMENTOFONESUCHPETITIONHASSURVIVEDFROMTHE&ATIMID
period, submitted by a Jew and preserved in the Geniza; the fragment is too
incomplete to permit a precise dating, but the formulary suggests the sixth/
twelfth century.302ECENTLYTHESLAVEWASAICTEDWITHADISEASEINHISEYES
and he lost his sight, says the petitioner, speaking in the third person.
(ECANNOLONGERLOOKAFTERHISWORLDLYAAIRSNORENGAGEINHISPROFESSIONHE
and his family are dying of hunger. But the JIZYAcollectors in Fustat are pressing
HIMFORPAYMENTANDTHISHASCAUSEDTHESLAVESUERINGANDLEDTOHISIMPRIsonment and his wasting away and that of his family through hunger and
ISOLATIONANDTHROUGHFEAROFBEINGASKEDTOPAYWHATHECANNOTAORD&ARBE
ITFROMTHESEGLORIOUSDAYSIETHECALIPH THATAPOORBLINDMANSHOULDBE
REQUIREDTOPAYTHEJIZYAand be treated with contempt by the tax collectors.

Though there is a fair amount of boilerplate rhetoric in this petition

(claims of wasting away from hunger are common in petitions from the poor,
EVENIFTHEYMAYWELLHAVEBEENTRUE THEAMOUNTOFTAXFORWHICHTHEMAN
is liable corresponds with the lowest rate listed in contemporaneous handbooks, a fact consistent with his claims of hardship.31 Although the outcome
OFHISREQUESTISUNKNOWNITISREASONABLETOASSUMETHATITHADACHANCEOF
meeting with a positive reply: in order to have a petition written up by a
professional, one had to present a case that was at least feasibly meritorious.
4HEVIZIERMIGHTHAVEDIRECTEDADECREETOTHEGOVERNORORMILDIRECTOROF
THESC IN&USASKINGTOINVESTIGATETHEMANSCASEANDIFFOUNDMERITOrious, to release him from prison and forgive his debt.
The state could, then, be expected at least to consider exempting someone
FROMTHEIZYAWITHOUTCOMPROMISINGHISLEGALPROTECTIONASAHLAL IMMA, a
POINTTHATGOESTOTHEHEARTOFTHEJURISDICTIONALQUESTIONOFSTATE ADMINISTEred law vs. QH: perhaps not in principle, but certainly in practice, the state
POSSESSEDANDEXERCISEDTHEPOWERTOEXEMPTPEOPLEFROMARSTATUTESALL
the more so in a legal relationship that ultimately concerned the states obligation to protect AHLAL IMMA.
30

4 3!RRECTOLINES+HAN!RABIC,EGALAND!DMINISTRATIVE$OCUMENTS, DOCHIS

DATING )HAVEALTEREDHISTRANSLATION
31
+HAN!RABIC,EGALAND!DMINISTRATIVE$OCUMENTS N&ORPETITIONSFROMTHEPOORTO
WEALTHYMEMBERSANDOCIALLEADERSOFTHE*EWISHCOMMUNITIESOF%GYPTINTHEELEVENTHAND
twelfth centuries, see Cohen, 0OVERTYAND#HARITYINTHE*EWISH#OMMUNITY; Cohen, 4HE6OICEOFTHE
0OORINTHE-IDDLE!GES.

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322

MARINA RUSTOW

)FITISPOSSIBLETHATBOTHTHESEPETITIONSWERESUBMITTEDBY*EWSTHAT
would be the simplest explanation for the preservation of their petitions in
THE'ENIZATHEREAREOTHERPETITIONSFROMTHE'ENIZATHATWERECLEARLYSUBmitted by Muslims, and these demonstrate that the procedure and the justiCATIONSFORDECISIONSWERENODIERENTFORCASESOF-USLIMSANDIMM S.
)NONESUCHCASETHEADMINISTRATOROFAN)SMLMOSQUEPETITIONEDTHE
Fatimid princess Sitt al-Mulk (-/ THEDEFACTORULER
OF STATE FOR TWO YEARS AFTER THE DEATH OF HER BROTHER AL KIM /
1021/ SEEKINGHELPCOLLECTINGTHERENTSONPROPERTIESATTACHEDTOTHE
MOSQUE(EASKSAGAININTHETHIRDPERSON 
for a benefaction in the form of a decree (MANSHR FROMHER0RESENCEMAYSHE
be preserved, to the governor of the district and the administrator of its jurisDICTION STRENGTHENING THE HAND OF THE AFOREMENTIONED ADMINISTRATOR  IN
EXTRACTINGINCOME FROMTHESEFOUNDATIONSACCORDINGTOWHATCAMEBEFORE
ANDWHATWILLRESUMESTRENGTHENINGHISAAIRASSISTINGHIMAIDINGHIMAND
being solicitous toward him in everything that occurs regarding the repairs of
THECONGREGATIONALMOSQUE32

4HEJUSTICATIONSHEOEREDWEREAGAINPRECEDENTANDTHEPERSONALQUALITIESOFTHERULERPETITIONERSWHOWERELIKETHE&ATIMIDRULERS)SMLSWERE

NOTSUBJECTTOADIERENTSETOFCONSIDERATIONS4HEUNDERPINNINGSOFMALIM
DECISIONSTHENPROVIDEANEXPLANATIONFORTHEEQUALTREATMENTOFIMM S and
Muslims in the administration of MALIMjustice.
This is a point worth emphasizing not just because of the subaltern status
of IMM S in Islamic law. It is also worth emphasizing for the converse reason:
ATLEASTONEOCIAL)BNAL AYRAFLAMENTEDTHATPETITIONSFROMIMM S were
ANSWEREDPREFERENTIALLY/NEGRANTSAFAVORABLE DECISIONHECOMPLAINED
only when releasing IMM Sfrom the JIZYAor building churches and the like,
since some of the people rendering decisions are Christians.33 Whether or not
IN)BNAL AYRAFSPERIODTHEREWEREMANY#HRISTIANSWORKINGINTHECHANCERY
or simply too many for his taste, the evidence for the Fatimid period on aggreGATESUGGESTSTHATTHEREWASLITTLEDIERENCEINHOWPETITIONSFROMEACHGROUP
were handled.
32

"ODL-3(EBB2USTOW0ETITIONTOA7OMANATTHE&ATIMID#OURT

)BNAL AYRAF1NNDWNAL RASil, p. 151.

)TISIMPOSSIBLETOKNOWWITHANYCERTAINTYWHETHERPETITIONSWEREANSWEREDIFTHEYDONOT
also contain rescripts, and in some instances, even if they do. But even petitions without
RESCRIPTSMAYHAVEBEENDRAFTSOFWHICHANALCOPYWASMADEANDTHENANSWEREDORTHEYMAY
have been answered with separate decrees when the chancery delegated enforcement to local
GOVERNORSANDOTHEROCIALSANDNOMINUTEWASKEPTONTHEPETITIONITSELF!SSUMPTIONSIN
EITHERDIRECTIONAREEQUALLYDANGEROUS0ETITIONSAREASWELLNOMORELIKELYTOHAVEBLANK
versos if they are from one group or another, and so within the limitations of the evidence, it
ISREASONABLETOCONCLUDETHAT)BNAL AYRAFSCLAIMSSHOULDNOTWITHOUTOTHEREVIDENCEBE
taken to represent the reality of the Fatimid period. For one case in which a separate decree
33

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THE LEGAL STATUS OF )---S IN THE FATIMID EAST: A VIEW FROM THE PALACE IN CAIRO

323

Indeed, although the evidence Ive brought here is from the Fatimid period, it would be hasty to assume that the Fatimids, as a heterodox minority,
were exceptionally lenient in their treatment of IMM S or that MALIM
justice under other dynasties treated IMM S more harshly. The idea that the
Fatimids were particularly generous toward religious minorities is an artefact
of the anti-Fatimid propagandists of the post-Fatimid period.35 One example
OFTHISKINDOFANTI &ATIMIDPROPAGANDAONETHATMODERNSCHOLARSHAVETOO
FREQUENTLYQUOTEDOUTOFCONTEXTISANANECDOTEFROM)BNAL !RSAL +MILF
L TRINWHICHTHEDISSATISED-USLIMSOF#AIROPETITIONTHECALIPHAL !ZZ
to curb the power of two IMMOCIALS
!L !ZZ APPOINTEDTHE#HRISTIANSB.ASRSTOTHE
ranks of his bureaucrats and designated as his governor in Syria a Jew by the
NAMEOF-ENASHSHE)BNAL 1AZZZ 4HE#HRISTIANSANDTHE*EWSWAXEDPROUD
(iTAZZA BECAUSEOFTHESETWOANDHARMEDTHE-USLIMS4HENTHEPEOPLEOF
Fustat resolved to write a petition (QIA ANDPUTITINTOTHEHANDOFADOLLRA 
that they had made of paper. It read: By Him who has strengthened (aAZZA 
THE*EWSTHROUGH-ENASHSHEANDTHE#HRISTIANSTHROUGHSB.ASRUSAND
WHOHASHUMBLEDTHE-USLIMSTHROUGHYOUTHECALIPH WILLYOUNOTEXPOSE
the injustice that has been done to me (the doll; ULMAT 

They placed this doll with the petition (AL RUQa INITSHANDINAL !ZZSPATH
When he saw it, he ordered that it be brought to him. When he read what it
contained and saw the paper doll, he understood what was intended by it. So
HEARRESTEDBOTHOFTHEM(ECONSCATEDDNR SFROMSANDTOOKA
great sum from the Jew.36

This satirical anecdote, chronicling the downfall of two IMMHIGHOCIALS

through the ruse of a MALIM petition submitted in the hands of a paper
WASEXPLICITLYREQUESTEDSEE4 3!R3TERN4HREE0ETITIONSOFTHE&IMIDDOCAND
Khan, !RABIC,EGALAND!DMINISTRATIVE$OCUMENTS, DOCAPETITIONLODGEDSOMETIMEDURINGTHE
REIGNOFAL -USTANIRBYAMANWHOSESONWASROBBEDANDKILLEDANDWISHEDTOBRINGTHEPERpetrators of the crime to justice. His twenty-three-year-old son had been traveling up the Nile
TOWARD!LEXANDRIAWITHANOTHERYOUNGMERCHANTCARRYINGVEHUNDREDDNR S in coin and
TWOHUNDREDINGOODSENORMOUSSUMSINAPERIODINWHICHTWOdnR-s could support a midDLE CLASSFAMILYFORAMONTHWHENTHECAPTAINANDSAILORSOFTHEIRVESSELMURDEREDTHEMAND
took their property. The father asks for a rescript to be issued to the lieutenants of the prosperous AMR3INNAL $AWLAPRESUMABLYTHEGOVERNOROFTHEDISTRICTINWHICHTHEYWEREKILLED TO
arrest those sailors and the captain of the boat and to investigate this case, so that the truthFULNESSOFWHATTHESLAVEHASSAIDINTHERESTOFTHEPETITION BEKNOWN4HEVERSOISBLANK3EE
also the internal memoranda to do with the processing of petitions, Khan, !RABIC,EGALAND
!DMINISTRATIVE$OCUMENTSDOCS 
35
)TMAYHAVEROOTSINDISSENTAMONGLATE&ATIMIDOCIALSTHEMSELVES)BNAL AYRAFISONE
EXAMPLESEEALSO9ARBROUGH)SLAMIZINGTHE)SLAMIC3TATECHSANDWHICHTHROUGHCAREFUL
source-critical methods, locates the origins of a strain of later medieval polemics against IMM
OCIALSINATEXTPOSSIBLYCOMPOSEDBYALATE&ATIMIDOCIAL
36
)BNAL !RAL +MILPP PTHEACCOUNTHASMANYLATERPARALLELS

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324

MARINA RUSTOW

DOLLISUSUALLYREADEITHERASATRIUMPHALISTINVECTIVEAGAINSTIMM S or a
3UNNACCUSATIONAGAINSTTHEHETERODOX&ATIMIDS)NDEED)BNAL !RWASNO
FRIENDOFTHE&ATIMIDSHESERVEDTHE:ENGIDRULERSOF-OSULANDFOUGHTAGAINST
THE#RUSADERSWITH3ALADINSOWASANINTEGRALPARTOFTHE3UNNREVIVALIN
the post-Fatimid age; in this passage, he forwards his argument for the indisSOLUBLEASSOCIATIONOFAL !ZZWITHIMMpower by punning on the caliphs
name: the IMM S waxed proud (iTAZZA BECAUSEOFTHESETWOOCIALS'ODHAD
strengthened (aAZZA THEIMM STHROUGHTHEM"UTSURELYITISALSOSIGNICANTTHAT)BNAL !RUSESHISCHANCERYVOCABULARYINAPRECISEMANNERTHE
doll is holding a QIAor a RUQa, the technical terms for a petition; and the
INJUSTICETOTHE-USLIMSOF&USISCALLEDAULMA, again a technical term in
the context of MALIM procedure. The only thing that veers from the norm in
)BNAL !RSDEPICTIONISTHERUSEOFTHEDOLLALITERARYDEVICEINTENDEDTO
underscore the fear these Muslims felt in approaching the caliph directly.
While this anecdote is cast in anti-IMMterms, then, in fact, the very existence of the MALIMprocedure was more favourable to IMM S than it lets on.
!NDWITHTHAT)TURNTOTHELASTCATEGORYPETITIONSCOMPLAININGOFOCIAL
abuse.

&RPSODLQWVDJDLQVWRIFLDOV

/NEOFTHEPRIMARYPURPOSESOFPETITIONSWASTOREPORTOCIALSTOTHE
central administration in Cairo when they overstepped the legitimate bounDARIESOFTHEIROCE4HISMECHANISMFUNCTIONEDTODEFENDTHEINTERESTSOF
SUBJECTSBUTITWASALSOINTENDEDTOKEEPOCIALSFROMGETTINGTOOPOWERFUL
and thus to serve the interests of the ruler.
4OWARDTHEBEGINNINGOFTHEGREAT%GYPTIANFAMINEOF A
MANFROMTHE&AYYMPETITIONED3ITTAL -ULKINDISTRESSANDNEEDDUETO
shortage of food and fodder for the donkey. There had already been a low
.ILEOODANDBADOODSMEANTFEAROFSHORTAGETHEMANTHEREFORESENTHIS
SONTOTHEMAINCITYOFTHEREGION-ADNATAL &AYYMTOBUYONEHUNDRED
DNRSWORTHOFOURANDBARLEY/NEHUNDREDDNRs was a huge sum of money,
large enough to suggest that the man had collected funds from his entire
village or was attempting to stockpile grain before prices mounted. With the
MONEYHISSONPURCHASEDSEVENTYSACKSOFOURENOUGHTOFEEDANEXTENDED
FAMILY FOR VE YEARS EVEN WITH FREQUENT MEALTIME VISITORSBUT THEN HIS
troubles began: the news reached me, he wrote, that his son had been forced
TORELINQUISHTHESACKSOFOURTOALOCALAMRINHISDELICATEPHRASINGTHAT
he had given them over to my lord theAMR!B-UAMMADAL ASANBIQAT


%.!2USTOW!3ECOND0ETITIONTOTHE&ATIMID0RINCESSINPROCESS

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THE LEGAL STATUS OF )---S IN THE FATIMID EAST: A VIEW FROM THE PALACE IN CAIRO

325

AL $AWLA MAY 'OD PROLONG HIS POWER &ROM THIS LACONIC STATEMENT IT IS
unclear whether the AMRCONSCATEDTHEGRAINONORDERSTOBRINGITTOTHE
capital for redistribution or acted on his own corrupt initiative, but the rest
of the petition gives more weight to the latter possibility. The mans desperation emboldened him to ask Sitt al-Mulk, may God make her dominion eternal
and strengthen her power, to send a eunuch to the local governor (QID TO
TAKEADECREEFROMHIMRELEASINGTHEMTHESACKSOFOUR ASSOONASTHEY
REACHTHE.ILEPORTOF 'IZAFROMWHENCETHEYWOULDHAVEENTEREDTHECAPITAL4HESPECICITYOFTHELOGISTICALDETAILSSENDINGAEUNUCHTOAGOVERNOR
to fetch a decree and courier it to Giza in the hopes that it would arrive before
THEGRAINDIDDEMONSTRATESTHATOURPETITIONERHADACCESSTOOCIALPETITION
writers with some understanding of how the government operated; it thereFORESUGGESTSTHATHISREQUESTFELLWITHINTHERANGEOFTHEPOSSIBLEANDTHUS
that he was protesting the act of a rogueAMR rather than the policy of an
entire state.
From the rulers point of view, taking the side of a petitioner against his
ORHEROWNOCIALSCOULDBEAPRUDENTMANOEUVERATTHEVERYLEASTANOPPORTUNITYTOEARNSUBJECTSLOYALTIES4HUSINWHENTHEMONKSOF3T
Catherine objected that some local administrators had usurped income from
THE MONASTERYS ENDOWMENTS THE SOON TO BE CALIPH AL  
  AND HIS VIZIER !B !L !MAD +UTAYFT B AL !FAL B "ADR AL
AMLWHOLIKEHISFATHERWASTITLEDAL !FAL DIDNOTHESITATETOTAKETHE
side of the monks

OVERTHATOFTHETREACHEROUSADMINISTRATORSWHO HAVELAIDHANDSUPONTHE
aforementioned property and stolen the rents that (the monasterys business
AGENT!BDAL -AS USEDTOCOLLECTANDSPENDONTHESUPPORTOFTHEMONKS
who live there, the travellers who take refuge there, and passers-by who
FREQUENTITWHETHERMEMBERSOFTHEIRRELIGIONORNOT 4HISMADEITNECESsary for an order to be issued by the regent (WALAHDAL MUSLIMN ANDHIS
SERVANTANDCOMPANIONTHEMOSTMIGHTYLORDAL !FALCOMMANDEROFTHE
ARMIESTHEVIZIER TOTHECHANCERYMAYITOURISHTOWRITETHISDECREESIJILL
MANR RELEASINGTHISENDOWMENTINALLNANCIALDEPARTMENTSOFTHEGOVERNMENTFROMTHEBEGINNINGOF$HL 1ADA FURTHERFREEINGTHEM 
of all imposts and other dues that they pay and that are imposed upon them
ANDHAVEBEENTAKENFROMTHEMINTHEPASTASABENEFACTIONONTHEPARTOF
the regent (WALAHDAL MUSLIMN ANDHISSERVANTANDCOMPANIONTHEMOST
MIGHTYLORDAL !FALCOMMANDEROFTHEARMIESTHEVIZIER ANDSOASTOEXEcute justice in a publicly known fashion (WA IJRANLI L UMRIALQNNIL ADLI
L MASHHRIL MARF 



!RCHIVEOFTHEMONASTERYOF3T#ATHERINE3INAI3TERN&IMID$ECREES, doc. 3; I have altered

his translation.

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326

MARINA RUSTOW

)NDECIDINGTOPROTECTTHEMONKSFROMSTATEOCIALSTHEFUTURECALIPHAND
the vizier not only uphold the laws concerning endowed property; they also
grant the monastery a massive remission from taxes, trumpeting the decision
as the execution of justice in a publicly known fashion. Given other letters
that have preserved complaints about the crushing burden of government
taxation, it should be noted that few subjects, whether Muslim or IMM, enjoyed privileges as generous as these. And that, in turn, suggests that whether
a subject was Muslim or IMMISPERHAPSNOTTHEMOSTINTERESTINGQUESTION
to be asked of MALIMMATERIAL4HEINTERESTINGQUESTIONISRATHERHOWSUBjects from humble backgrounds managed to have petitions written and to use
state-sanctioned mechanisms to pursue and preserve their own interests.

7KHGRFXPHQWVVXPPDU\

The petition-and-response procedure allowed subjects an extraordinarily

wide latitude to demand RIGHTS. I use the word rights advisedly, to mean interests protected and pursued by law, or services provided on a guaranteed
basis. Rights can, of course, exist even if they are not supported by a moral or
anthropological theory of guarantees such as the one associated with the
Enlightenment in Europe. The notion that rights were an invention of
eighteenth-century Europeans and colonials is simply untrue. Islamic legal
texts speak of rights, whether supported by divine command or not, and those
rights were protected by law neither more nor less than the universal rights
of man are today. The legal texts discussed here speak of rights, UQQ, as when
the gaon ELOMOBEN9EHUDAWARNSTHECALIPHAL HIRTHATGRANTINGHISRIVAL
an investiture will lead to the abrogation of rights (BAALATAL UQQ  Should
one object that rights is an anachronistic translation for a medieval use of
UQQ, then one can translate it instead as ones due, property, rightful possessions, legal claims and still come to the same conclusion: people approached the state with claims to property and just treatment.
To summarize my argument thus far, then, the petition-and-response procedure that lay at the heart of MALIM justice provides evidence of a realm of
LAWNOTREECTEDINSOURCESWRITTENBYQUTand FUQUH4HESEDOCUMENTS
invoke precedent, law, justice, and even the language of rights; they demonstrate that IMM S and Muslims were subject to similar treatment by the state;
and they suggest that it is more productive to examine power relations without prejudice of legal status. As for the rulers, the most important consideraTIONSINRHETORICANDPERHAPSEVENINPRACTICEARETOPROTECTTHEMSELVES
from corrupt appointees and to meet their obligations to protect their sub

3EEABOVEN

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THE LEGAL STATUS OF )---S IN THE FATIMID EAST: A VIEW FROM THE PALACE IN CAIRO

327

JECTSTODIRECTTHEAAIRSOFTHECOLLECTIVITYOF-USLIMSASWELLASIMM S, in
THEMANNERCORRESPONDINGTOTHEIR ACCUSTOMEDGOOD WILLASAL WRITES
INTHEDECREEOFTOTHEMONKSOF3INAI

,PSOLFDWLRQVIRUWKH,VODPLFZHVW
This material suggests that it can be of use to study the MALIMprocedure
and other non-AR judicial institutions in the Islamic west. Even where only
NARRATIVE AND PRESCRIPTIVE SOURCES HAVE SURVIVED EXPANDING THE INQUIRY
beyond the realm of QHcan help place conclusions about the actual status of
IMM SONARMERHISTORICALBASIS
The west provides a distinctly interesting and challenging arena for invesTIGATIONOFTHISTOPICBECAUSETHE-LIKSCHOOLFORMALLYADMITTEDTHATQ S
possessed the right to determine law in conformity with SIYSA, that is, in
conformity not only with what the ARA commanded but with what utility
NECESSITATEDWHATJURISTSDENEDASAL SIYSAAL ARIYYAthe states discretionary legal power to promulgate administrative laws and to enforce ARA
RULINGS  And, as Christian Mller points out in his paper in this volume,
SOMEWESTERNULAMHELDASAPOINTOFPOSITIVELAWTHATIMM SWEREEQUAL
to Muslims in MALIM, surely not the assertion of a small exception in an
otherwise unremitting sea of Muslim-IMMINEQUALITYSAYINGTHAT*EWSAND
#HRISTIANSWEREEQUALTO-USLIMSINMALIMISNOTLIKESAYINGTHEYWEREEQUAL
INTORTSORINCOURTPROCEDURE)TISSAYINGTHATTHESTATEGRANTEDTHEMANEQUAL
right to bypass the ARAto appeal the decisions of Q courts and their own
COURTSALIKEANDTOLODGECOMPLAINTSTOTHESTATEANDMAKEREQUESTSOFIT4HE
state, in turn, had the authority to make decisions on considerations not included in the body of QHas some jurists theorized and as the eastern documents abundantly attest. In theory, then, while IMMLAWREQUIRED*EWSAND
Christians to make repeated public performances of their subordination to
Muslims, in practice, the rights of a IMMcould be defended over those of a
Muslim; in theory, while IMM S had to manifest their subordination by
PAYINGTHEIZYA, which served as the main condition on which they were legally allowed to remain non-Muslim, in practice, they could be exempted from
THEIZYAwithout losing their IMMstatus. These ideas must remain, for the
MOMENTSUGGESTIVEATBESTTHEQUESTIONISWHATCANBELEARNEDOFTHEMALIM
SPHEREINTHEWESTNOTJUSTABOUTIMM S rights within it, but about their
UNDERSTANDINGANDUSEOFITINREALSITUATIONSANDHOWTHOSEAECTEDTHEIR
OVERALLSOCIALPOSITION




3EEABOVEN
4YAN(ISTOIREDELORGANISATIONJUDICIAIREPP 

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328

MARINA RUSTOW

Perhaps more immediately, while the Fatimid sphere can serve as a useful
comparandum for modern scholars of the medieval Islamic west, for medieval
western rulers themselves, the Fatimid rulers served as models to be emulaTED7HENTHE5MAYYADCALIPH!BDAL 2AMN)))OF#ORDOBAREORGANIZEDHIS
ADMINISTRATIONINHEINSTITUTEDAdwNAL MALIMand in doing so,
HEMUSTHAVEHADINMINDTHEEXAMPLEOFTHE&ATIMIDSOF)FRQIYAASHEDID
WHENHEBUILT-ADNATAL :AHRINIMITATIONOFTHE&ATIMIDCAPITALSOFAL -AHDIYYAANDAL -ANRYYAANDASHEDIDWHENHEPROCLAIMEDHIMSELFCALIPH
to begin with.)NTENTH CENTURY)FRQIYATHE&ATIMIDSALREADYHADAWELL
developed MALIMPROCEDURETOJUDGEBYAL 1AL .UMNSDESCRIPTIONOF
it, the accessibility of the caliphs was a hallmark of their rule and of his propaganda for it. And just as the use of MALIMhad a long history in the Islamic
WORLDITHADANIMPORTANTANDPALPABLEINUENCEONTHE#HRISTIANWORLDAS
WELL)BNAL !RPRAISESTHE.ORMANKINGOF3ICILY2OGER)) FOR
following the way of Muslim rulers and breaking with the custom of the
Franks by, among other things, establishing

a DWNAL MALIMto which those who had been unjustly treated brought their
GRIEVANCESANDWHERETHEKING WOULDGIVETHEMJUSTICEEVENAGAINSTHISOWN
son. He treated the Muslims with respect, took them as his companions, and kept
THE&RANKSOTHEMmanaa ANHUMAL FARANJ SOTHATTHEYLOVEDHIM

The Normans debt to the Fatimids is well documented; more generally,

IT WOULD HAVE BEEN DICULT TO BE A MEDIEVAL -EDITERRANEAN RULER IN THE
Fatimid age without at the very least taking seriously the Fatimid model of
governance. Likewise, in late twelfth-century Castile, Rabbanite Jews success

&IERRO!BDAL 2AMN)))PP/NTHEEXERCISEOFMALIM justice in Cordoba, see

Mller, Correcting Injustice: -ALIM Jurisdictions at the Umayyad Court of Cordoba; Mller,
*UDGINGWITH'ODS,AWON%ARTHPP -LLERWRITESTHAT#OMPLICATEDCASESTHATCOULD
not be resolved according to the rules of QHEGWHENTHENUMBEROFHEIRSWASNOTKNOWN 
could be brought to the judge of complaints (IBAL MALIM FORRESOLUTIONBYPOLITICALJURISDICTIONPP ANDTHAT4HEJUDGEOFCOMPLAINTSIBAL MALIM DEALTWITHSOMECASES
formerly heard by a QAL AMA and also had the power to annul a Q judgment. But he
then adds, But his jurisdiction [that of theIBAL MALIM] was not superior to that of the Q.
In one case, claimants recovered usurped land in a MALIMCOURTSUBSEQUENTLYTHEYTRIEDTO
CONRMTHEIRRIGHTSTHROUGHAQ decision on the same legal grounds. Such a claim makes
sense only if a Q judgment had in fact greater authority than that of a judge of complaints
PP 9ETSUCHACLAIMWOULDALSOMAKESENSEIFTHEQ was the one responsible for
enforcing the situation on the ground. In reality, whether one sees MALIM jurisdiction as
higher than that of the Q or vice-versa is a function of the kinds of sources one reads: no Q
rendering judgments in good faith would have admitted that the IBAL MALIm held ultimate
power, and likewise, legal sources see SHARA as trumping QNN, while for a historian it all boils
down to loci of institutional power.

AL 1AL .UMN+ITBAL MALIS p. 32.

)BNAL !RAL +MILFL TAR, vol. 10, p. 133.

*OHNS!RABIC!DMINISTRATION, ch. 10.

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THE LEGAL STATUS OF )---S IN THE FATIMID EAST: A VIEW FROM THE PALACE IN CAIRO

329

FULLYPETITIONED!LFONSO6))) FORADECREEOBLIGING1ARAITE*EWSTO
BECOME 2ABBANITE THUS ATTEMPTING TO SOLVE THEIR COMMUNAL CONICTS BY
means of royal power. The long afterlife of the MALIMinstitution in both
the Islamic and Christian worlds is one argument for examining it closely as
ATECHNIQUENOTJUSTFORROYALLEGITIMATIONBUTFORGOVERNANCEOFARANGEOF
subject groups.
)NSUMTHEEASTERNMATERIALWHICHISUNIQUEINALLOWINGUSTOCHECKWORKS
of policy and narrative against documentary evidence, provides arguments
AGAINSTDENINGTHESTATUSOFIMM S, let alone the tenor of Muslim-IMMrelations, on the basis of a single set of legal institutions. The MALIMdocuments
demonstrate that the Muslims and IMM S who made use of the procedure were
neither the victims nor the passive objects of state policies or enforcement efforts; they negotiated their status with a more or less intimate understanding
of how Islamic institutions worked. As Hegel, Marx, and Eugene Genovese (a
historian of North American plantation slavery HAVEALLARGUEDEVENINSUCH
GROSSLYUNEQUALRELATIONSHIPSASTHOSEBETWEENMASTERANDSLAVEPOWERCANBE
negotiated. All the more so in relationships that are fundamentally political
such as the ones I have discussed in this paper.

6RXUFHV

)BNAL !RAL +MILFL TAR4ORNBERG#*ED VOLS,EIDEN"RILL 
)BNAL AYRAF4AL 2ISA!MNAL DN!BL 1SIM!LB-UNIBAL 1NNFDWN
AL RASILWA L IRAILMANNLAAL WIZRA"AHJT!LED #AIRO
AL 1AL .UMN+ITBAL MALISWA L MUSYARTAL &AQABBABB)BRHMAND
AL 9ALW -UAMMAD ED  4UNIS AL -ABAA AL RASMIYYA LI L UMHRIYYA AL
TNISIYYA

Bibliography

Atiya, A. S. ETALEDANDTRANS (ISTORYOFTHE0ATRIARCHSOFTHE%GYPTIAN#HURCH Cairo,

3OCIETYOF#OPTIC!RCHAEOLOGY
Baron, Wittmayer Salo, 4HE*EWISH#OMMUNITY)TS(ISTORYAND3TRUCTURETOTHE!MERICAN
2EVOLUTION0HILADELPHIA4HE*EWISH0UBLICATION3OCIETYOF!MERICA
Baron, Wittmayer Salo, !3OCIALAND2ELIGIOUS(ISTORYOFTHE*EWS, 2nd ed., New York,
#OLUMBIA5NIVERSITY0RESS 


!TLEASTONTHETESTIMONYOF!LFONSODE6ALLADOLIDFORDETAILSSEE2USTOW4HE1ARAITESAS

Sect, pp. 155-56, and on Jews use of state power in Christian Iberia more generally, pp.
 

'ENOVESE2OLL*ORDAN2OLL4HE7ORLDTHE3LAVES-ADE.

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330

MARINA RUSTOW

Baron, Wittmayer Salo, Plenitude of Apostolic Powers and Medieval Jewish Serfdom,
IN&ELDMAN,ED !NCIENTAND-EDIEVAL*EWISH(ISTORY%SSAYSBYSalO7ITTMAYER"ARON,
.EW"RUNSWICK.EW*ERSEYPP 
Cohen, Mark R., *EWISH3ELF 'OVERNMENTIN-EDIEVAL%GYPT4HE/RIGINSOFTHE/CEOF(EAD
OFTHE*EWSCA0RINCETON0RINCETON5NIVERSITY0RESS
Cohen, Mark R., 0OVERTYAND#HARITYINTHE*EWISH#OMMUNITYOF-EDIEVAL%GYPT, Princeton,
Princeton University Press, 2005.
Cohen, Mark R., 4HE6OICEOFTHE0OORINTHE-IDDLE!GES!N!NTHOLOGYOF$OCUMENTSFROM
THE#AIRO'ENIZA, Princeton, Princeton University Press, 2005.
$ARLING,INDA42EVENUE 2AISINGAND,EGITIMACY4AX#OLLECTIONAND&INANCE!DMINISTRATION
INTHE/TTOMAN%MPIRE, ,EIDEN"RILL
Klein, Elka, *EWS#HRISTIAN3OCIETYAND2OYAL0OWERIN-EDIEVAL"ARCELONA, Ann Arbor,
University of Michigan Press, 2006.
Fierro, Maribel, !BDAL 2AHMAN)))4HE&IRST#ORDOBAN#ALIPH, Oxford, Oneworld, 2005.
Fuess, Albrecht, ULMby -ALIMThe Political Implications of the Use of -ALIM
Jurisdiction by the Mamluk Sultans, -AMLK3TUDIES2EVIEW,  PP 
'ENOVESE%UGENE$2OLL*ORDAN2OLL4HE7ORLDTHE3LAVES-ADE, New York, Random
(OUSE
Gil, Moshe,0ALESTINE$URINGTHE&IRST-USLIM0ERIOD  , 3 vols., Tel Aviv, Tel Aviv
5NIVERSITY
'OITEIN3HELOMO$OV.EW3OURCESONTHE0ALESTINIAN'AONATEIN,IEBERMAN3AUL
AND(YMAN!RTHUREDS 3ALO7ITTMAYER"ARON*UBILEE6OLUMEONTHE/CCASIONOFHIS
%IGHTIETH"IRTHDAY*ERUSALEM!MERICAN!CADEMYFOR*EWISH2ESEARCH
'OITEIN3HELOMO$OV#ONGREGATIONVERSUS#OMMUNITY!N5NKNOWN#HAPTERINTHE
Communal History of Jewish Palestine, *EWISH 1UARTERLY 2EVIEW    PP
 
'OITEIN3HELOMO$OV0ETITIONSTOTHE&ATIMID#ALIPHSFROMTHE#AIRO'ENIZA*EWISH
1UARTERLY2EVIEW PP 
'OITEIN3HELOMO$OV0ALESTINIAN*EWRYIN%ARLY)SLAMICAND#RUSADER4IMESIN,IGHTOF'ENIZA
$OCUMENTS(ACKER*OSEPHED *ERUSALEM"EN :VI)NSTITUTE
'OTTHEIL2ICHARD*(!$ECREEIN&AVOUROFTHE+ARAITESOF#AIRO$ATED;SIC=
INVON'NZBURG"ARON$AND-ARKON)SRAELEDS &ESTSCHRIFTZU%HRENDES$R!
(ARKAVY3T0ETERSBURG
Hodgson, Marshall G. S., 4HE6ENTUREOF)SLAM#ONSCIENCEAND(ISTORYINA7ORLD#IVILIZATION,
VOLS#HICAGO5NIVERSITYOF#HICAGO0RESS
+HAN'EOREY!RABIC,EGALAND!DMINISTRATIVE$OCUMENTSFROMTHE#AMBRIDGE'ENIZAH
#OLLECTIONS#AMBRIDGE#AMBRIDGE5NIVERSITY0RESS
+HAN'EOREY!#OPYOFA$ECREEFROMTHE!RCHIVESOFTHE&ATIMID#HANCERY"ULLETIN
OFTHE3CHOOLOF/RIENTALAND!FRICAN3TUDIES PP 
+HAN'EOREY!0ETITIONTOTHE&ATIMID#ALIPHAL MIR*OURNALOFTHE2OYAL!SIATIC
3OCIETY,  PP 
+HAN'EOREY4HE(ISTORICAL$EVELOPMENTOFTHE3TRUCTUREOFTHE-EDIEVAL!RABIC
Petition, "ULLETINOFTHE3CHOOLOF/RIENTALAND!FRICAN3TUDIES,  PP 
Johns, Jeremy !RABIC !DMINISTRATION IN .ORMAN 3ICILY 4HE 2OYAL $IWAN, Cambridge,
Cambridge University Press, 2002.

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THE LEGAL STATUS OF )---S IN THE FATIMID EAST: A VIEW FROM THE PALACE IN CAIRO

331

%L ,EITHY4AMER#OPTIC#ULTUREAND#ONVERSIONIN-EDIEVAL#AIRO!$

0H$DISS0RINCETON5NIVERSITY
Lewis, Bernard, Siyasa, IN'REEN!(ED )N1UESTOFAN)SLAMIC(UMANISM!RABIC
AND)SLAMIC3TUDIESIN-EMORYOF-OHAMEDAL .OWAIHI, Cairo, American University in
#AIRO0RESS
-ASUD-UHAMMAD+HALID4HE$OCTRINEOF3IYSA in Islamic Law, 2ECHTVANDE)SLAM,
 PP 
Mller, Christian, Correcting Injustice: -ALIM Jurisdictions at the Umayyad Court
OF#ORDOBAth11th#ENTURIES IN&UESS!LBRECHTAND(ARTUNG*AN 0ETEREDS 
#OURT#ULTURESINTHE-USLIM7ORLD3EVENTHTO.INETEENTH#ENTURIES, London, Routledge,
2010.
Mller, Christian, Judging with Gods Law on Earth: Judicial Powers of the1AL
*AMA of Cordoba in the Fifth/Eleventh Century, )SLAMIC,AWAND3OCIETY 
PP 
Nielsen, Jrgen 3ECULAR *USTICE IN AN )SLAMIC 3TATE -ALIM UNDER THE "AR -AMLKS
 )STANBUL.EDERLANDS(ISTORISCH !RCHAEOLOGISCH)NSTITUUT
2ABBAT.ASSER/4HE)DEOLOGICAL3IGNICANCEOFTHE$RAL !DLINTHE-EDIEVAL)SLAMIC
Orient, )NTERNATIONAL*OURNALOF-IDDLE%AST3TUDIES PP 
Ray, Jonathan, 4HE3EPHARDIC&RONTIER4HE2ECONQUISTAANDTHE*EWISH#OMMUNITYIN-EDIEVAL
)BERIA, Ithaca and London, Cornell University Press, 2006.
2ICHARDS$3!&ATIMID0ETITIONAND3MALL$ECREEFROM3INAI)SRAEL/RIENTAL3TUDIES,
 PP 
2ICHARDS$3!-AMLK0ETITIONANDA2EPORTFROMTHE$WN!L *AYSH, "ULLETINOF
THE3CHOOLOF/RIENTALAND!FRICAN3TUDIES,  PP 
2ICHARDS$3!Petition for a )Q!DDRESSEDTO3ALADINORAL DIL"ULLETINOFTHE
3CHOOLOF/RIENTALAND!FRICAN3TUDIES PP 
Rustow, Marina, (ERESYANDTHE0OLITICSOF#OMMUNITY4HE*EWSOFTHE&ATIMID#ALIPHATENew
York, )THACA#ORNELL5NIVERSITY0RESS
Rustow, Marina, At the Limits of Communal Autonomy: Jewish Bids for Intervention
from the Mamluk State, -AMLK3TUDIES2EVIEW,  PP 
2USTOW-ARINA!0ETITIONTOA7OMANATTHE&ATIMID#OURT!(
#% "ULLETINOFTHE3CHOOLOF/RIENTALAND!FRICAN3TUDIES,  PP 
Rustow, Marina, The Qaraites as Sect: The Tyranny of a Construct, in Stern, Sacha
ED 3ECTSAND3ECTARIANISMIN*EWISH(ISTORY, Leiden, Brill, 2011.
Rustow, Marina, La notion dalliance royale et Yerushalmi pour matre, in Goldberg,
3YLVIE !NNE ED  ,(ISTOIRE ET LA MMOIRE DE LHISTOIRE %N HOMMAGE  9OSEF (AYIM
9ERUSHALMI, Paris, Albin Michel, 2012.
Rustow, Marina, Justice as Performance: The Petition and Response Procedure in the
&ATIMID 2EALM 0OMERANTZ -AURICE AND "IRGE 6ITZ %VELYN EDS  #OURTS AND
0ERFORMANCEINTHE0REMODERN-IDDLE%AST, forthcoming.
3TERN3-!N/RIGINAL$OCUMENTFROMTHE&ATIMID#HANCERY#ONCERNING)TALIAN
Merchants, in 3TUDI/RIENTALISTICIINONOREDI'IORGIO,EVIDELLA6IDA, Rome, Istituto per
L/RIENTE
Simonsohn, Uriel I., Communal Boundaries Reconsidered: Jews and Christians
Appealing to Muslim Authorities in the Medieval Near East, *EWISH3TUDIES1UARTERLY,
 PP 

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332

MARINA RUSTOW

Simonsohn, Uriel I., !#OMMON*USTICE4HE,EGAL!LLEGIANCESOF#HRISTIANSAND*EWSUNDER

%ARLY)SLAM, Philadelphia, University of Pennsylvania Press, 2011.
3TERN3AMUEL-!&IMID$ECREEOFTHE9EAR"ULLETINOFTHE3CHOOLOF
/RIENTALAND!FRICAN3TUDIES PP 
3TERN 3AMUEL - 4HREE 0ETITIONS OF THE &IMID 0ERIOD /RIENS    PP
 
Stern, Samuel M., Petitions from the Ayyubid Period, "ULLETINOFTHE3CHOOLOF/RIENTAL
AND!FRICAN3TUDIES PP 
Stern, Samuel M., &IMID$ECREES/RIGINAL$OCUMENTSFROMTHE&ATIMID#HANCERY, London,
&ABERAND&ABER
3TERN 3AMUEL - 4WO !YYUBID $ECREES FROM 3INAI IN 3TERN 3AMUEL - ED 
$OCUMENTSFROM)SLAMIC#HANCERIES/XFORD"RUNO#ASSIRER
3TERN3AMUEL-0ETITIONSFROMTHE-AMLK0ERIOD.OTESONTHE-AMLUK$OCUMENTS
FROM 3INAI  "ULLETIN OF THE 3CHOOL OF /RIENTAL AND !FRICAN 3TUDIES    PP
 
3TERN3AMUEL-!0ETITIONTOTHE&IMID#ALIPHAL -USTANIR#ONCERNINGA#ONICT
within the Jewish Community, 2EVUEDESTUDESJUIVES PP 
Tillier, Mathieu 1s and the Political Use of the -ALIMJurisdiction under the
!BBSIDSIN,ANGE#HRISTIANAND&IERRO-ARIBELEDS 0UBLIC6IOLENCEIN)SLAMIC
3OCIETIES0OWER$ISCIPLINEANDTHE#ONSTRUCTIONOFTHE0UBLIC3PHERETH TH#ENTURIESC.E.,
%DINBURGH%DINBURGH5NIVERSITY0RESS
Tyan, mile, (ISTOIREDELORGANISATIONJUDICIAIREENPAYSD)SLAM, 2nd ED,EIDEN"RILL
6AN "ERKEL -AAIKE !BBSID -ALIM BETWEEN 4HEORY AND 0RACTICE IN 4ILLIER
-ATHIEUED ,ESJUSTICESDANSL)SLAMMDIVALETMODERNEPLURALISMEJUDICIAIREETINTE
RACTIONSINSTITUTIONNELLESINPROCESS 
9ARBROUGH,UKE)SLAMIZINGTHE)SLAMIC3TATE0H$DISS0RINCETON5NIVERSITY
Yerushalmi, Yosef Hayim4HE,ISBON-ASSACREOFANDTHE2OYAL)MAGEINTHE3HEBET
9EHUDAH#INCINNATI(EBREW5NION#OLLEGE *EWISH)NSTITUTEOF2ELIGION
Yerushalmi, Yosef Hayim, Serviteurs des Rois et non serviteurs des serviteurs : Sur
QUELQUESASPECTSDELHISTOIREPOLITIQUEDES*UIFS2AISONSPOLITIQUES PP
 

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