Chapter

<i>Halakhah</i> through the Lens of <i>Sharī῾ah</i>

Mark S. Wagner

in The Convergence of Judaism and Islam

Published by University Press of Florida

Published in print August 2011 | ISBN: 9780813036496
Published online January 2012 | e-ISBN: 9780813041810 | DOI: http://dx.doi.org/10.5744/florida/9780813036496.003.0008
Halakhah through the Lens of Sharī῾ah

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As in nineteenth-century Morocco, Jews in other Muslim lands were either victimized by certain stringent aspects of Islamic jurisprudence or sought to benefit from its contents that proved advantageous to them. This appears to have been the case for Yemen in the 1930s, where issues concerning both Islamic Law and Halakha emerged. This chapter is a case in point. In 1935, Jews in San'a were in conflict over whether the Kuhlani Synagogue was private property or within the domain of a pious endowment. The Jews enlisted the ruling Imam to help resolve the crisis and prominent Muslim jurists also became involved. What was the decision adopted by the Imam? Did it differ from the recommendations offered by the Muslim jurists? To what extent were non-Muslim legal systems regarded as legitimate in post-Ottoman Islamic Yemen? This chapter addresses these and other intriguing issues.

Keywords: Shari'ah; Waqf; Kuhlani Synagogue; San'a; Heqdesh; Ibahah; Zaydi Imams; Mubahah; Halakah

Chapter.  8846 words. 

Subjects: Society and Culture

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