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{
    "pk": 59947,
    "title": "An Evaluation of Pre-Modern Fiqh Rules Pertaining to the Marital Practices of Non-Muslims",
    "subtitle": null,
    "abstract": "The objective of this paper is to examine certain normative pre-modern Islamic legal rules regarding marital practices of non-Muslims, including those who later accepted Islam, as stipulated by a variety of jurists in manuals of law representing the positions of multiple legal schools. The rules regarding marital practices are particularly interesting because marriage was a highly (perhaps even the most highly) regulated feature of Islamic law, and thus rules pertaining to it shed light on broader concerns that guided the process of rule-making conducted by jurists. In conducting this analysis, I identify three overarching principles that appear to have guided Islamic marital rules pertaining to non-Muslims: (1) First, I found that there was a large degree of autonomy granted to non-Muslims in practicing their own marital customs, as long as they did not seek intervention from Islamic authorities; (2) Second, I found that most non-Islamic practices of non-Muslims that took place prior to their conversion to Islam did not pose a concern for Muslim jurists; however, practices pertaining to the parties to a marital contract were the subject of concern for Muslim jurists; and (3) Third, I found that jurists were highly concerned with keeping a certain religious hierarchy intact, especially when it came to intermarriage between Muslims and non-kitābīs. I argue that the seemingly liberal laws pertaining to non-Muslims derive from (A) a conception of the world held by jurists that is best understood as akin to imagined political communities, and (B) an interest in ensuring consistency in the law.",
    "language": "en",
    "license": {
        "name": "",
        "short_name": "",
        "text": null,
        "url": ""
    },
    "keywords": [],
    "section": "Articles",
    "is_remote": true,
    "remote_url": "https://escholarship.org/uc/item/9c26x6c7",
    "frozenauthors": [
        {
            "first_name": "M. Mehdi",
            "middle_name": "",
            "last_name": "Ali",
            "name_suffix": "",
            "institution": "",
            "department": ""
        }
    ],
    "date_submitted": "2022-01-11T03:22:54+03:00",
    "date_accepted": "2022-01-11T03:22:54+03:00",
    "date_published": "2021-01-01T03:00:00+03:00",
    "render_galley": null,
    "galleys": [
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            "type": "pdf",
            "path": "https://journalpub.escholarship.org/uclalaw_jinel/article/59947/galley/45890/download/"
        }
    ]
}