Echevarria, Monferrer-Sala, Tolan and friends on law and religious minorities

We missed this one back in 2017: A. Echevarria (Universidad Nacional de Educación a Distancia, Madrid), J. P. Monferrer-Sala (Universidad de Córdoba), and J. V. Tolan (Université de Nantes) have co-edited Law and Religious Minorities in Medieval Societies: Between Theory and Praxis with Brepols Publishers. From the press:

This volume shows through the use of legal sources that law was used to try to erect boundaries between communities in order to regulate or restrict interaction between the faithful and the non-faithful; and at the same time shows how these boundaries were repeatedly transgressed and negotiated.

Muslim law developed a clear legal cadre for dhimmīs, inferior but protected non-Muslim communities (in particular Jews and Christians) and Roman Canon law decreed a similar status for Jewish and Muslim communities in Europe. Yet the theoretical hierarchies between faithful and infidel were constantly brought into question in the daily interactions between men and women of different faiths in streets, markets, bath-houses, law courts, etc. The twelve essays in this volume explore these tensions and attempts to resolve them. These contributions show that law was used to try to erect boundaries between communities in order to regulate or restrict interaction between the faithful and the non-faithful — and at the same time how these boundaries were repeatedly transgressed and negotiated.

Table of Contents after the jump:

 Introduction - Ana Echevarria and Juan Pedro Monferrer-Sala

I. From Sacred Texts to Social Regulation

Defending Jewish Judicial Autonomy in the Islamic Middle Ages - Mark R. Cohen

The Melkites and Their Law: Between Autonomy and Assimilation - Johannes Pahlitzsch

Cadies, alphabets and the transmission of sharī'a in the Mudejar era - Ana Echevarria

Straddling the Bounds: Jews in the Legal World of Islam - David J. Wasserstein

II. Negotiating Daily Contacts and Frictions

The criterion of Malikis jurists on food and drinks from the d immíes : between theory and practice - Maria Arcas Campoy

'Twenty-five hundred knidia of wine… and two boats to transport the wine to Fustāt'. An Insight into Wine Consumption and Use Amongst the dhimmīs and wider Communities in Umayyad Egypt - Myriam Wissa

In the Eyes of Others: Nāmūs and sharī'ah in Christian Arab Authors. Some Preliminary Details for a Typological Study - Juan Pedro Monferrer-Sala

The fumes of suspicion. The public toilet between the Andalusian world and medieval Castile (10th-13th centuries) - Marisa Bueno

III. Application of the Law

Swearing by the Mujaljala : A fatwā on dhimmī Oaths in the Islamic West - Camilla Adang

Forum Shopping in al-Andalus (II): Discussing Coran V, 42 and 49 (Ibn Ḥazm, Ibn Rushd al-Jadd, Abū Bakr Ibn al-ʽArabī and al-Qurṭubī) - Delfina Serrano

Religious Minorities' Identity and Application of the Law: A First Approximation to the Lands of Military Orders in Castile - Clara Almagro Vidal

The interaction in the space of two different societies: concord established between the bachelor Hernando Alonso and the Moorish Altar of Talavera - Yolanda Moreno Moreno

What do Legal Sources Tell Us about Social Practice? Possibilities and Limits - John Tolan

Further information is available here.