000 02861cam a2200337 i 4500
005 20240229160851.0
008 170217s2017 us a b 001 0 eng
020 _a9780231178747
040 _erda
043 _aa-ye---
082 0 _a349.533
_bB R I
100 1 _aMessick, Brinkley,
_eauthor.
245 1 0 _aSharīa scripts :
_bA historical anthropology /
_cBrinkley Messick.
250 _afirst edition.
264 3 1 _aNew York :
_bColumbia University Press,
_c2017.
300 _avii, 519 pages.
336 _atext
_btxt
_2rdacontent
337 _aunmediated
_bn
_2rdamedia
338 _avolume
_bnc
_2rdacarrier
504 _aIncludes bibliographical references (pages 481-498) and index.
505 0 _aBooks -- Pretext : five sciences -- Commentaries: "write it down" -- Opinions -- "Practice with writing" -- Intermission -- Judgments -- Minutes -- Moral stipulations -- Contracts.
520 _aIn the first half of Sharīʻa Scripts, Messick looks at the principal types of theoretical or doctrinal juridical texts, which are collectively referred to as the "library," while those of the second half, including the genres produced by the sharīʻa courts and by notarial writers, are termed the "archive." Messick demonstrates the analytic significance of sustained attention to the textual form of written sources such as the doctrinal works, juridical opinions, court records and legal instruments studied here. He suggests that attention to form should be a precondition for wider research, for properly assessing the import of conventional source content, for the writing of history. Messick looks at historical sharīʻa through a particular instance, that of highland Yemen in the first half of the twentieth century. Yemen, of course, is an integral region of the Arabic-speaking heartlands of Islam, and the Zaydī school of jurisprudence that is the specific focus of the book has been rooted there for a millennium. Elsewhere in the same period, colonial regimes and nationalist reformers had begun to alter the political, societal and epistemic existence of the sharīʻa. They acted to replace its criminal, commercial and real estate provisions with western law, and effectively narrowed its sphere of relevance to matters of personal status and family law. In contrast, under the twentieth-century Zaydī imams the sharīʻa remained uncodified; highland sharīʻa courts maintained their historically broad competence; madrassa-trained judges employed classical sharīʻa rules of procedure and evidence; and archives had yet to upended by western-style standards of file-keeping and printed forms.
650 1 4 _aJustice
650 1 4 _aLaw reform
650 1 4 _aIslamic law
650 1 4 _aZaydīyah
650 1 4 _aLegal documents (Islamic law)
650 1 4 _aLegal documents
650 1 4 _aSocial Sciences
942 _2ddc
_cBK
999 _c3163
_d3163