Beyond State and Peasant: The Egalitarian Import of Juristic Revisions of Agrarian and Administrative Contracts in the Early Mamlūk Period
Abstract In this article I argue that Shāfi'ī and Hanbalī jurists forged an agricultural policy beginning in the early Mamlūk period that aimed at securing the rights of peasants. They did so by introducing radical and systematic changes in the doctrines of their schools, applying the highest c...
| Published in: | Islamic law and society |
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| Main Author: | |
| Format: | Electronic Article |
| Language: | English |
| Check availability: | HBZ Gateway |
| Journals Online & Print: | Drawer...
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| Fernleihe: | Fernleihe für die Fachinformationsdienste |
| Published: |
Brill
2009
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| In: |
Islamic law and society
Year: 2009, Volume: 16, Issue: 3/4, Pages: 337-382 |
| Further subjects: | B
Social Justice
B SHARECROPPING B Social History B IJTIHAD B Agriculture B PEASANT B Contracts |
| Online Access: |
Volltext (JSTOR) Volltext (lizenzpflichtig) Volltext (lizenzpflichtig) |
| Summary: | Abstract In this article I argue that Shāfi'ī and Hanbalī jurists forged an agricultural policy beginning in the early Mamlūk period that aimed at securing the rights of peasants. They did so by introducing radical and systematic changes in the doctrines of their schools, applying the highest categories of legal reasoning (ijtihād). An analysis of Shāfi'ī and Hanbalī legal texts reveals that jurists advanced new interpretations of contracts of sharecropping and iqtā' that systematically promoted the interests of landless peasants over the elite. The legal revisions were predicated on developments in the land assignment/taxation system of the early 8th/14th century. Ultimately, the jurists' strategy exploited state innovations in the interest of advancing social and economic objectives that were independent of any centralized political authority or state institution. |
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| ISSN: | 1568-5195 |
| Contains: | Enthalten in: Islamic law and society
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| Persistent identifiers: | DOI: 10.1163/092893809X12561996281741 |