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

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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', barrāyě, and attempts to delineate the term's various meanings within the legal discourse.

Original languageEnglish
Pages (from-to)191-216
Number of pages26
JournalChurch History and Religious Culture
Volume89
Issue number1-3
DOIs
StatePublished - 1 Jun 2009
Externally publishedYes

Keywords

  • Islam
  • West Syrians
  • boundaries
  • canon law
  • community
  • dhimmah
  • disputes
  • episcopal courts
  • legal pluralism
  • society

ASJC Scopus subject areas

  • History
  • Religious studies

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