Seeking justice among the 'outsiders': Christian recourse to non-ecclesiastical judicial systems under early islam

Research output: Chapter in Book/Report/Conference proceedingChapterpeer-review

Abstract

The phenomenon of Christian recourse to non-ecclesiastical judicial systems during the first few centuries following the Muslim conquest is at the core of this paper.This phenomenon not only alludes to a reality of legal diversity but also to the social heterogeneity that has characterized Near Eastern societies long before the Arab takeover. Through the adoption of the legal-anthropological paradigm of legal pluralism and the examination of West Syrian legal sources, the paper seeks to identify the social agenda of West Syrian ecclesiastical leaders. Much of the discussion revolves around the term 'outsiders', barrāyē, and attempts to delineate the term's various meanings within the legal discourse.

Original languageEnglish
Title of host publicationReligious Origins of Nations?
Subtitle of host publicationThe Christian Communities of the Middle East
PublisherBrill
Pages191-216
Number of pages26
ISBN (Electronic)9789047444367
ISBN (Print)9789004173750
DOIs
StatePublished - 30 Nov 2009
Externally publishedYes

Bibliographical note

Publisher Copyright:
© 2010 by Koninklijke Brill NV, Leiden, The Netherlands. All rights reserved.

Keywords

  • Boundaries
  • Canon law
  • Community
  • Dhimmah
  • Disputes
  • Episcopal courts
  • Islam
  • Legal pluralism
  • Society
  • West syrians

ASJC Scopus subject areas

  • General Arts and Humanities

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