The Ḏhimmī as the Other of Multiple Convivencias in al-Andalus: Protection, Tolerance and Domination in Islamic Law
The figure of ḏhimmī is certainly the most emblematic juristic figure in the history of Islamic law. Strangely, it also has the juristic status of being the most ambiguous and complex, as it lacks a coherent, genuine legal shape and doctrine. Quranic references to ḏhimma or ahl al-kitāb (People of the...
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| Source: | Rechtsgeschichte-Legal History, ISSN 1619-4993, Nº 26, 2018, pags. 95-138 |
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dialnet-ar-18-ART00013016712018-12-20The Ḏhimmī as the Other of Multiple Convivencias in al-Andalus: Protection, Tolerance and Domination in Islamic LawSakrani, RajaḏhimmīConvivenciasal-AndalusIslamic lawthe OtherThe figure of ḏhimmī is certainly the most emblematic juristic figure in the history of Islamic law. Strangely, it also has the juristic status of being the most ambiguous and complex, as it lacks a coherent, genuine legal shape and doctrine. Quranic references to ḏhimma or ahl al-kitāb (People of the Book) complicate the landscape. However, the ḏhimmī’s juristic corpus has played a major role in organising the cohabitation, domination or exclusion of non-Muslims in conquered territories for centuries. Convivencia in al-Andalus represents a unique experience in the history of Islamic law and Europe, the results of which are still felt today. But what is to be learned from the former inclusion / exclusion of ḏhimmī? This issue, linked to understanding ›otherness‹, is fundamental to studying Convivencia and grasping its mechanisms. Monotheistic Others in Islam (Jews and Christians) can thus teach us about Islam and guide us as we do. Iberian Convivencia, seen as a narcissistic injury and repressed memory to this day, is a historical and cultural chance to reflect upon and research the Self and the Other. If Muslims in Europe today consider themselves, often unconsciously, as being a kind of ḏhimmī, it is because Islamic discourse on the Self and the Other is profoundly inscribed into this juristic and historical heritage. Understanding facets of Convivencia / (de-)Convivencia from an Arab-Islamic view requires examining ḏhimmī in all states: protected, tolerated, dominated or persecuted. Focusing on ḏhimmī’s legal status is methodologically fruitful, as pitfalls in research based solely on Islamic legal texts are avoided. It further does justice to the often obscured human dimension of Muslims and ḏhimmī living together.2018text (article)application/pdfhttps://dialnet.unirioja.es/servlet/oaiart?codigo=6722043(Revista) ISSN 1619-4993Rechtsgeschichte-Legal History, ISSN 1619-4993, Nº 26, 2018, pags. 95-138engLICENCIA DE USO: Los documentos a texto completo incluidos en Dialnet son de acceso libre y propiedad de sus autores y/o editores. Por tanto, cualquier acto de reproducción, distribución, comunicación pública y/o transformación total o parcial requiere el consentimiento expreso y escrito de aquéllos. Cualquier enlace al texto completo de estos documentos deberá hacerse a través de la URL oficial de éstos en Dialnet. Más información: https://dialnet.unirioja.es/info/derechosOAI | INTELLECTUAL PROPERTY RIGHTS STATEMENT: Full text documents hosted by Dialnet are protected by copyright and/or related rights. This digital object is accessible without charge, but its use is subject to the licensing conditions set by its authors or editors. Unless expressly stated otherwise in the licensing conditions, you are free to linking, browsing, printing and making a copy for your own personal purposes. All other acts of reproduction and communication to the public are subject to the licensing conditions expressed by editors and authors and require consent from them. Any link to this document should be made using its official URL in Dialnet. More info: https://dialnet.unirioja.es/info/derechosOAI
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Rechtsgeschichte-Legal History, ISSN 1619-4993, Nº 26, 2018, pags. 95-138
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ḏhimmī
Convivencias al-Andalus Islamic law the Other |
| spellingShingle |
ḏhimmī
Convivencias al-Andalus Islamic law the Other Sakrani, Raja The Ḏhimmī as the Other of Multiple Convivencias in al-Andalus: Protection, Tolerance and Domination in Islamic Law |
| description |
The figure of ḏhimmī is certainly the most emblematic juristic figure in the history of Islamic law. Strangely, it also has the juristic status of being the most ambiguous and complex, as it lacks a coherent, genuine legal shape and doctrine. Quranic references to ḏhimma or ahl al-kitāb (People of the Book) complicate the landscape. However, the ḏhimmī’s juristic corpus has played a major role in organising the cohabitation, domination or exclusion of non-Muslims in conquered territories for centuries.
Convivencia in al-Andalus represents a unique experience in the history of Islamic law and Europe, the results of which are still felt today. But what is to be learned from the former inclusion / exclusion of ḏhimmī? This issue, linked to understanding ›otherness‹, is fundamental to studying Convivencia and grasping its mechanisms. Monotheistic Others in Islam (Jews and Christians) can thus teach us about Islam and guide us as we do.
Iberian Convivencia, seen as a narcissistic injury and repressed memory to this day, is a historical and cultural chance to reflect upon and research the Self and the Other. If Muslims in Europe today consider themselves, often unconsciously, as being a kind of ḏhimmī, it is because Islamic discourse on the Self and the Other is profoundly inscribed into this juristic and historical heritage. Understanding facets of Convivencia / (de-)Convivencia from an Arab-Islamic view requires examining ḏhimmī in all states: protected, tolerated, dominated or persecuted. Focusing on ḏhimmī’s legal status is methodologically fruitful, as pitfalls in research based solely on Islamic legal texts are avoided. It further does justice to the often obscured human dimension of Muslims and ḏhimmī living together.
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| format |
Article
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| author |
Sakrani, Raja
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| author_facet |
Sakrani, Raja
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| author_sort |
Sakrani, Raja
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| title |
The Ḏhimmī as the Other of Multiple Convivencias in al-Andalus: Protection, Tolerance and Domination in Islamic Law
|
| title_short |
The Ḏhimmī as the Other of Multiple Convivencias in al-Andalus: Protection, Tolerance and Domination in Islamic Law
|
| title_full |
The Ḏhimmī as the Other of Multiple Convivencias in al-Andalus: Protection, Tolerance and Domination in Islamic Law
|
| title_fullStr |
The Ḏhimmī as the Other of Multiple Convivencias in al-Andalus: Protection, Tolerance and Domination in Islamic Law
|
| title_full_unstemmed |
The Ḏhimmī as the Other of Multiple Convivencias in al-Andalus: Protection, Tolerance and Domination in Islamic Law
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| title_sort |
ḏhimmī as the other of multiple convivencias in al-andalus: protection, tolerance and domination in islamic law
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| publishDate |
2018
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| url |
https://dialnet.unirioja.es/servlet/oaiart?codigo=6722043
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| _version_ |
1709748174074150912
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