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The Renewal of Islamic Law. Muhammad Baqer as-Sadr, Najaf and the Shiʿi International by Chibli Mallat Source: Islamic Law and Society, Vol. 2, No. 3, Marriage, Divorce and Succession in the Muslim Family (1995), pp. 348-353 Published by: BRILL Stable URL: http://www.jstor.org/stable/3399476

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348348

BOOKBOOKREVIEWSREVIEWS

of the

part

rule on the con-

of the

part

judiciary, in appropriating to the judiciary the power to rule on the con-

judiciary,

differs from its

differs from its

prototype, the FrenchConseil

prototype, the FrenchConseil

a

d'Etat, in being a

d'Etat,

in

being

to

by

possible

possible

in

appropriating to the judiciary

of

of

in

laws,

laws,

in

in

giving

giving

reviewing

reviewing

draft laws to be

draft laws to be

unnecessary for the

unnecessary for

the

power

stitutionality

particularly in

Parliament.It was

particularly

stitutionality

advisory opinions

advisory opinions

and

to the Executive, and

to

the Executive to

to the

Executive,

the Executive

submitted by

submitted

Parliament.It was

of the

of the Majlis

Majlis

Isma'il to

Isma'il

the authorto cite as

authorto cite as

forerunners

forerunners

al-Dawla either the

al-Dawla either the

mazalim courts or

mazalim courts or

attempts by

attempts by

Khedive

Khedive

to establish

establish the Government Consultative Council, because

the Government Consultative Council,

because the

the

underlying philosophy

underlying philosophy

of these two bodies was different from that of the

of these two bodies was

different from that of the

Majlis

Majlis

al-Dawla andhad no effect on its formation.

al-Dawla andhad no effect on its formation.

Constitutional

Chief Justice 'Awad el-Morrwrites about "The Supreme Constitutional

Chief Justice 'Awad el-Morrwrites about "The

Supreme

Courtof

Courtof

Egypt

Egypt

and the Protectionof Human and Political

and the Protectionof Human and Political

Rights."

Rights."

In this

In this

magnificentchapter he

of law in

of law in

magnificentchapter he delineatestherole

thatcourtin

delineatestherole of thatcourtin

of

rule

maintaining the rule

maintaining the

and

and

pertaining to political

Egypt.Citingapproximately fifteen cases pertaining to political

Egypt.Citingapproximately fifteen

cases

civil

civil rights

rights

and to

and to

propertyrights,

propertyrights,

he shows how

he shows how

the court intervened to

the court intervened to

uphold

uphold

of men-

the Constitution. Although each of those decisions is worthy of men-

was the 1985 decision which

was the 1985 decision which

the Constitution. Although each of those decisions is

worthy

the one which raised an

tion, the one which raised an

tion,

uproar in

uproar in

Egypt

Egypt

declared the decree-law issued in

declared the decree-law issued in

1979

1979

by President Sadat to

by

President Sadat to

be

be unconsti-

unconsti-

tutional, and thereforevoid.

tutional,

been

and thereforevoid. That decree-law, which had been

That decree-law, which

had

advocated by

advocated

by

feminist

feminist

groups, had improved the

groups,

had

improved

the status of women and

status of

women

such a

such a

decree

decree

while

while

given

and given

them more

them more

rights

Sadat had no

Sadat had

no

rights in cases of divorce and custody.

custody.

session because therewas no

emergency

do

do so (on this

in cases of divorce and

to

power to

power

issue

issue

The court nevertheless found that

The court nevertheless found that

Parliament was

Parliament was

not in

not in

session because therewas no

so

(on

this

in

BernardBotiveau

Egypt," BernardBotiveau

Egypt,"

application of sharra

application

law

law was effected

him to

law,

Society, vol.

"ContemporaryReinterpretations of IslamicLaw: The Case of

law,

IslamicLaw: The Case of

emergency thatwould have empowered him to

thatwould have

empowered

Society,

vol.

1:1,pp. 116-36).

1:1,pp. 116-36).

about the call for the

about the call for the

by

it. The transitionfrom

legislation

fiqh

of the 1920's and

the 1920's and

and

IslamicLawand

see IslamicLawand

see

Finally,

Finally, in "ContemporaryReinterpretations of

presentsimportantinsights

presentsimportantinsights

of sharra and what is meant

was

effected by

by

personal

to

principal

source of

proceed

on this issue.

to

and what is meant by it. The transitionfrom fiqh to

positive

are unsure

the sharira to be the principal source of legislation, Egyptians are unsure

about how

positive

thereafter. However, in view of

thereafter. However, in view of

the sharira to be the

about how to proceed on this issue. Politically, the various parties and

alliancesin the 1987 elections voiced some

alliancesin the 1987 elections voiced some

the

the personal status legislation of

status

the 1979 constitutionalamendment declaring

the 1979 constitutionalamendment declaring

legislation, Egyptians

the various

Politically,

parties

support for the application

support for the application

of the

of the

sharl'a,

except

and secular positions of

sharl'a,

except

and secular

the

for the

for

Tagammu'party,

Tagammu'party, which

which remained

remained loyal

loyal

to the social

to the social

positions

the Nasseriteera.

of the Nasseriteera.

This book contains some rich fare for both the

This book contains some rich fare for both the

specialist and the general

general

specialist

project

project

and the

reader.The editoris to be congratulated for his efforts in

to fruition, although one wishes

to

reader.The editoris to be

congratulated for his efforts in bringing

wishes

typing

the

bringing the

fruition, although one

marthis

that he had devoted additional effort to

that he had devoted additional effort to

correctingquaint

correctingquaint grammar, incorrectword usage,

usage,

occasionally marthis important work.

occasionally

grammar, incorrectword

important work.

mistakes that

and typing mistakes that

and

FarhatJ. Ziadeh

FarhatJ. Ziadeh

University of

University of

Washington

Washington

MALLAT,Chibli,

MALLAT,Chibli, TheRenewal of

of

TheRenewal

Islamic Law. MuhamntadBaqer as-Sadr,

Islamic Law. MuhamntadBaqer as-Sadr,

Najaf and the Shi'i International (Cambridge: Cambridge University Press,

University Press,

Najaf

and the Shi'i International

(Cambridge:

Cambridge

xii + 245.

1993), pp. xii + 245.

1993), pp.

? 30.00. ISBN 0 521 43319 3.

? 30.00. ISBN 0 521 43319 3.

In this

In this book,

book, the

the co-winner of

co-winner of

the Middle East Studies Association's

the Middle East Studies Association's

1994

1994

AlbertHourani Award, Dr. Mallatoffers us a

AlbertHourani Award, Dr.

Mallatoffers us a picture picture of of

revivalisttrendin

the revivalisttrendin

the

BOOKREVIEWS

349

contemporary Shi'ism through carefulexaminationof the life and works of

one of its

Iraqigovernment in April 1980. WhereasIslamic historiographic and other

intellectualtraditionshavebeen

contemporary revival,

of Islamic

law, but only

and

banking"(p. 4).

deeper "awatershedhas occurredin the

longer is family law the last precinct of

the jurists. Islamic law has regained the high ground in disciplines which had

seemed only a few decades

and the

large field opened up by

becomethecoreof thisrevival:"theconstitutional part of

key figures,

MuhammadBaqeral-Sadr, who was executed by the

largely

irrelevantto the

areas within it which have

publiclaw,

moder economics: labor law, land law .

.

., in the 1960s

he argues, law is its central component.Furthermore, it is not all

two

previously underdeveloped

This renewalof Islamiclaw took place in

Najaf wave thatis termed

and 1970s as the centralelementin a broaderand

the"Shi'iinternational."As a

consequence, intellectualrealmof the shari'a. No

ago beyond the pale:

constitution, economics and

banking"(p. 189). The main stimulus to the renewal movement in Shi'ism came from the

"bitterintellectualconfrontationbetween traditional Najaf and the Commu-

nists"

reactionto

Shi'a, andwas accordingly

endeavorto modernizethe Islamic legal

the most seductiverival

esprit de systeme and the

Islamic

in Sadr's economics,

of the Islamic economic system in point-by-point contrastto capitalism and

socialism conceived as

good

requiring the introductionof novel categories anda few neologisms.Although

Sadr proposes an interesting Lockean-like justification of privateproperty as

the fruitof

publicownership tends to occupy

and with it

and implementation

entire society. Similarly, in his writings

displays a clearly dirigiste attitudetoward state control of banking, while

replacing theforbidden category of ribdwith principle of muddraba (p. 184).

for the benefit of the

(p.

9). Sadr's first majorwork, Falsafatund, was writtenin 1959 in

the growing appeal

of Communism among disenfranchised Iraqi

12). In his Marxism as

"obsessedwith

Marxist categories"(p. tradition, Sadrtook on

system

ideological

system. He thus swallowed the Marxist

Marxist notion of ideology, and his modernized

unsuspectedly was conditioned by its antithesis.This is clear

expounded in Iqtisadund, where he seeks the principles

systems. This approach

deal of derivative materials, for instance

enables Sadr to include a on social security, while

labor, anda sharp distinctionbetweenworkedlandand dead land,

goes

a

the predominantposition in his economics,

exploitation

of naturalresources

dirigiste

of

attitudetoward

large-scale economic projects

on Islamicinterest-free banking, Sadr

modifieduses of the

permissible

In Sadr's political theory, the unsuspectedconditioning by the Marxist

as "the

to the Constitutionof the Islamic

marja'iyya

Republic

antithesisis notablein his characterizationof the traditionalShi'i

(authoritative sourceof imitation) as "ideologicalleadership," andof the jurist

holding this position

(cited on p. 66). Sadr's fascinationwith ideology was shared by the lay and

clerical advocatesof Islamic renewal in Iran and found embodimentin the

of Iran.

ideological preamble

Furthermore, Sadr's novel characterizationof the marja'iyya also marks a breakwith his early writing by placing a specifically Shi'i institutionat the

supremerepresentative of the Islamic ideology"

350

BOOKREVIEWS

center of the Islamic

Islamic politicalsystemprompted Sadrto embarkon an endeavorto develop Islamic constitutional law toward the end of his life, an endeavor that assumedhistorical significance with the Islamicrevolutionin Iran.

principles of this

political system.

The search for the

This brings us to the core of this

law and their

Iran.In

impact

ijtihddaccording to theneeds

category of

(generalmandate)(p.

guess

study, an analysis of Sadr's writings on

public

of

the (legislative) authority of the ruler,stating

amr (an undefinedtermMallat reasonably translatesas

cise

a novel division of the rulesof the sharra into four

as the last of these the

covers the conductof thewall al-amr

al-'cmma

Republic

Iqtisadund, Sadrhad conceived of a discretionary area subject to

thatIslam allowed the wali al-

"the ruler") to exer-

on the constitutionallaw of the Islamic

andinterestsof

society (p. 119). In 1976, in

categories,

Sadroffered

rules pertaining to public conduct, which

according to the principles of al-wildya

avoids the thorny discussion

invested with

proposing

a constitution

collapse of the

of the wildya al-'dmma

of the ruler legal formu-

14). Sadr deftly

of the referrentof the term wall al-amr (the

authority);

we are left to

val jurists,

for

monarchy, he put the generalvicegerency(al-niydbaal-'tmma) that pertains

to the supremejurist(al-mujtahidal-mutlaq)

as the mandateto rule, and the supremejurist as marja' in place

(wall al-amr) of his earlier writings (pp. 70-71), thus offering a

lationof the wildyatal-faqlh as

thatwas more

precise decade ealier. It is were the

writings

Iran,

Constitutional Experts between mid-August andmid-Novemberof that

person

whetherthewall al-amr is theruler (sultdn) of the medie-

or Khomeini'stheocratic faqlh. In a note

an Islamic republic in Iran, writtena week before the final

in

place

the mandateof the jurist to rule, a formulation

Khomeini a

by

constitutional

Republic of

of

thanthe vague statement put forward

Mallat's contention that Sadr's 1979

major

sourceof the Constitutionof the Islamic

up by

the

which was drawn

overwhelmingly clerical Assembly

in

than is

year.

possible within the

wildya 'dmma

legitimacy.

This

Muhammad Husayni

to settleand requires closer attention

to the

I thinkthe fundamentalcontributionof Sadr

(general vice-

may

wall al-amr as theshar'i ruler, a

mandate) to designate the authority of the

termthat

related, ila'l-amr to invoke Qur'anic sanctionfor its

conceptual bundle was taken over

of

Experts with a heavy hand,

wildyatal-faqlh

however, the question

tutionremains

supremejurist

carriedover to the Iranianconstitution.The

which he does not

one thatmetwith themostdetermined opposition in the Assembly. On the other hand, the Iranian Majlis has nothing to do with Sadr's

Islamic Republic. Beyond this,

articles of the consti-

Beheshti who, as

similar,thoughetymologically un-

original

(general

frameworkof the

The question

of influenceis

not easy

political process of constitution-making

presentstudy.

have been the conflationof the traditional niydba 'dmma

with the novel

category

of

paired

with the

gerency) of the jurist

easily

could be

by Ayatollah Dr.

fact

vice-president,

presided over the Assembly

andis the authorof the articlesthat introducedthe

specific

into the Constitutionof the

of directinfluenceover

open.

The authoris correctin stressing thatSadr'sidea thatthe

should be the commander-in-chiefof the armed forces was

appear

proceedings of the Assembly,

the

to have used, indicatethatthis

provision was

BOOKREVIEWS

351

influence. The

covered

porated intothe draftconstitutionsubmitted by

Experts. It was very

shurd-yemilli)

First Majlis

sultative Assembly. Similarly, the retention of the principle of "national

sovereignty"(hdkimiyyat-e milll) in a severely

derive from Sadr's statement that "legislative and executive

exercised by the umma" (cited on

wording andin substance, of the earlierconstitutionvia thedraftsubmitted by

Bazargan's government. My

Republic,"EncyclopaediaIranica, 6 [1992], pp. 150-58 at 151-52) is rather

that Beheshti's idea of an elected was implemented bothinsteadof the

and as the permanentAssembly of Experts in charge

ship,represents an amalgamation of two distinctbodies

majlis ahl al-hall wa'l-'aqd, in conjunction with"the principle of constitutional

supervision of [thesupremejuristas]

anda councilto carry out the authority of marja'iyya,consisting of "onehun-

dred

andthinkers

Leadership Councilfor which Mallattakes Sadr's

basically a default provision,allowing a council of three or five marja's to

carry out

upon; it was eliminatedin the amendedconstitutionof 1989.)

InfluencesotherthanSadr's constitutionalideas were also at work in the making of the Iranianconstitutionof 1979. Mallat correctlyperceives the

for a Conseil

influence of the French

Bazargan's

cabinetandthe

Constitutionel.This was due to the French-educatedmembersof

Majlis

was too firmly established an institution, and it was

by

the familiararticlesof the Constitutionof 1906-07, largely incor-

Bazargan to the Assembly of

Assembly (majlis-e

retaineduntil the

much the National Consultative

of the old constitution; even its name was

was convened, at which time it was alteredto the Islamic Con-

p. 72),

restrictedform

clearly does not

butis a

powers

are

simple transmission, bothin

own surmise ("Constitution of the Islamic

,

assembly

of

experts (khubregdn), which

originallypromised constituent assembly

of the issue of Leader -

proposedby

Sadr:a

the deputy of theImam" (cited on

p. 70),

the best Islamic orators (khutabh), authors

mujtahids"(cited on p. 75). (The

proposal

as the sourcewas

of the best 'ulam'

[to] includenotless thanten

the functionof

Leadership in case a singlejurist couldnotbe agreed

constitution,especially

its

provisions

in whose draftconstitutiontheCouncil

RevolutionaryCouncil,

of Guardians (shard-yenegahbdn)

six lay jurists and five mujtahids(the same

legislation

numberas had been

Ayatollah Beheshti turnedthe tables in a very significant manner that is

missed in Mallat's account. The Council was to have

(fuqahd') who had automatic veto

conforming

of

baffling power the author attributesto the

to its clerical members.

Furthermore, this

the constitution itself, to conform to "Islamic

standards"as determined by the

This seems to imply thatthe clerical jurists of the Councilof Guardianscould

suspend the constitution, or partthereof,

to

find thatit does not conform

requires all laws, including

was a courtfor constitutionalreview of

a dead

letter of the old constitution).

six clerical jurists

thatwas to consist of

provided for by

power over all Majlis legislation not

lay lawyers (huquqddndn)

the conformity

to Islam, and six additionalMuslim

whose jurisdiction was restrictedto the determinationof

laws with the constitution.The

Council of Guardians as a whole

belongs only

power is even more flabbergasting thanwe realize. Article4

religiousjurists

of the Council of Guardians.

if

they

persuasive

in arguing that the inordinate

"Islamic standards."Mallat is

352

BOOKREVIEWS

power of the Council of Guardians set it on a collision course with the

revolutionaryMajlis

notes that the prolonged crisis was resolved

interventionin the last

pronouncement of the "demise"of the Council of Guardians all the more

puzzling. It is truethatthe immediateresult of Khomeini's interventionwas

the passage of a number of laws that had been vetoed by the Council of

Guardians.In the

has notbeen

of the new and

set up by Khomeiniand made a

the constitutional amendments of

disagreement betweenthe Majlis and the Councilof Guradians.The Council

has continuedto operate with

and produced a major constitutional crisis, and

years

duly

only of his life. This makes Mallat's

with Khomeini's reluctant

premature

long run,however, the power

of the Council of Guardians

significantly curtailed.Its six

points

1989,

clerical jurists have been members

clerically-dominatedmajma'-e tashkhis-e maslahat, the body

permanentorgan of the Islamic Republicby

which can arbitrate in cases of

vigor, producing a considerable jurisprudence.

The author

to some of the difficulties of the extension of the

politics

andconstitutional

wildya,

andalludesto some of thecontradictionsin the

primary and secondaryinjunctions of the sharla

is at times

of the old and the

extension. His argument,however,

thattheamendedconstitution

referencesto marja'iyya, which is correctlypresented as

traditionalinstitutionof marja'iyya intotherealmof

law undertherubricof

discussions of the so-called that have resulted from this

hazy, and consistentlyunderplays the contradictoryaspects

new notionsof authority. It is also worth noting

of 1989 eliminatesall

the cornerstoneof Sadr'sconstitutionalconstruction.

Mallat's

approach

is appropriate for the writing of intellectual history,

his persistent use of the undefinedterms

which is

sociological amplifica-

tion.The notionof

and Iran;yet little is said about

the natureand consequences

developments

intelligentsia as

Hasan Ayat, two of the most important lay ideologues of the Islamic

religious

education, while quite

notably Beheshti,

afford it

clerical titles. The presentation of the Shi'i international, whose bases are

pilgrimage and marja'iyya, is also lopsided.

the modern, secular "Dr."to their traditional,

his objective.Nevertheless,

society"

"Shi'icivil

and"Shi'iinternational" begs for

civil society

is suggestive of the linksbetween the 'ulamf'

Iraq

andthe mercantileandbazaariclasses in

of these links. More pertinent to the intellectual

and clerical

under discussion is the interaction of the

lay theeducatedelite of civil society. Abu'l-HasanBani-Sadrand

latterwith some formal

revolutionin Iran, were sons of clerics-the

a few of the Iranianclerical constitution-makers, most

also received a secular education, the ones who could

proudlypreferring

identifiedas the institutionsof

Muhammad Baqer as-Sadr's sister, Bint al-Huda (who was executed with

al-'Ulum, Muhammad Husayn Fadlallah,

MuhammadMahdi Shams al-Din, MuhammadJavad

al-Hashimi and Muhammad Baqer al-Hakim in Iraq and Lebanon are

Mahmud

him), Sayyid MuhammadBahr

Mughniya,

properly mentioned.Butthe Iranianof the same

Imam Musa, and

Yet their efforts, which would

contemporary Shi'i revival, are

the works of Sunni as well as Shi'i jurists and embarkedon an ex postfacto

generation,

the otherSadr-

AyatollahsMuntaziri, MutahhariandBeheshti are left out.

on the map of the

Like Sadr, Muntaziridrew on

put Qum alongside Najaf

worth

noting.

BOOKREVIEWS

BOOKREVIEWS

353

353

searchfor the foundationsof

searchfor the foundationsof the

the wilayatal-faqih

wilayatal-faqih

in the courseshe offeredin

in the courseshe offeredin

Qum in the 1980s. The similarity

Qum

in the 1980s. The

Beheshtiareeven

Beheshtiareeven

similarity between

between Sadr's intellectualinterests and

Sadr's intellectualinterests and

thoseof

thoseof

closer; the latteralso wrote on

closer; the latteralso wrote on

Islamiceconomics

Islamiceconomics

and

the

incidentally, makes the question of the precise influence of Sadr on the

incidentally,

and interest-free

interest-free banking around1960.

banking

makes the

question

of the

Theseminorstricturesarenotintendedto

Theseminorstricturesarenotintendedto

This

around1960. This

parallel in

parallel

in intellectual

intellectual careers,

careers,

precise

influence of

Sadr on

constitution shapeddecisivelyby

constitution shapeddecisivelyby

Beheshtimoredifficultto assess.

Beheshtimoredifficultto assess.

detractfrom the overall value of

detractfrom the overall value of

Mallat's rich

Mallat's rich study which fully

fully

study

which

deserves the

deserves the recognition awardedit by

by

recognition

awardedit

MiddleEastStudiesAssociation.

MiddleEastStudiesAssociation.

the

the

Said Amir

Said Amir Arjomand

Arjomand

State

State University of

University

of New Yorkat

New

Brook

Yorkat Stony Brook

Stony

MESSICK,Brinkley, The Calligraphic State:Textualdominationand history in

history in

a

a

16

16

MESSICK,Brinkley, The Calligraphic State:Textualdominationand

Muslim

Muslim society,

society,

Societies,

Comparative

Comparative Studies on Muslim Societies,

Studies on

Muslim

331

vol.

vol.

(University of CaliforniaPress, Berkeley, 1993). xii, 331 pp., index, illus.,

index, illus.,

(University

of CaliforniaPress,

Berkeley, 1993). xii,

pp.,

map.

map.

As

As its title

its

the

title reveals, the

reveals,

analyse

analyse

legitimacy,

project of The

project of

an ambitiousone. It

The Calligraphic State is an ambitiousone. It

Calligraphic State is

"textual polity"

aims

aims to

to

"both a

of an authoritative

of an authoritative text, involving structuresof authorship, a

a

entailing "both a

authorterms a

what the authorterms a "textual

what

the

polity" entailing

conception

methodof instructionaltransmission, institutionsof

conception

methodof instructionaltransmission, institutionsof

text, involving

a

structuresof

authorship,

interpretation, andmodes

interpretation, andmodes

of

of

documentaryinscription, and

the communicationof

state legitimacy, the communicationof

state

documentaryinscription, and a

pattern of textual

pattern of

authority, which figures

textual authority, which figures

in

in

cultural capital, relationsof

cultural capital,

social

relationsof social

hierarchy, andthecontrolof

hierarchy, andthecontrolof

productive resources" (p. 6).

productive resources" (p.

In otherwords, the

6). In otherwords, the

project is

Muslim

Muslim

project

is no less thanan

no

less

society"-from

society"-from

wording

thanan anthropology of

anthropology of

"a

the discursiveorderof texts in "a

the discursiveorderof texts in

down to the most

primaryauthority, the Qur'anitself, down to the most

primaryauthority, the Qur'anitself,

ephemeral of everydaylegal

ephemeral of everydaylegal

documents.

documents.

The

society" scarcely

The wording of the subtitle notwithstanding, "a Muslim society" scarcely

of the subtitle

notwithstanding, "a

with a

be

and

and

Muslim

identifiesa

history

identifiesa recognizablepolity with a history

author eventually notes:"While necessarily

resemblancesfoundin

resemblancesfoundin other

family

family

necessarily

author eventually

recognizablepolity

notes:"While

andlocation.Indeed, andas the

andlocation.Indeed, andas the

concernedto invoke and address

concernedto invoke and address

other places

places

times,

times,

a

a discursive

of

discursive history of

history

This metho-

the

the typeattempted heremustalso be resolutelyspecific"(p. 254). This metho-

in this excellent book but

dological principle,generally

deserved

expressedonly as an afterthought in the very last paragraph,surely deserved

expressedonly

formal

formal

dological principle,generally

derives the fertile tension (and

derives the fertile tension (and

in this excellent book but

typeattempted heremustalso

same

of

as an

time an

resolutelyspecific"(p. 254).

practice

practice

last

observedin

observedin

afterthought in the very

the

the

shar'),

an

ethnography

Ibbin

(the townof

paragraph,surely

core of the

of

fiqh

writing

as

from the outset. From it

recognition from the outset. From it

recognition

often often

tradition

(Qur'an,hadith, and shar'), an ethnography

particular time and place

history of legal, administrativeand historicalforms of writing as manuscript

history

manuscript

gave way

gave

Ottomanrule in NorthYemen in the 1870s. Thatthe traditionunderdiscus-

Ottomanrule in NorthYemen in the 1870s. Thatthe traditionunderdiscus-

particular time

(Qur'an,hadith,

the fiqh tradition

the

the same time an

complex structure) of

complex

structure) of Messick's book as a whole, which is at one and

Messick's book as a whole, which is at one and

anthropology of

anthropology of

pan-Islamic

pan-Islamic core

and

and

of the learned traditionin a

of the learned traditionin a

place (the

townof Ibbin Yemenin the

Yemenin

early 1970s),

the early 1970s),

and a

and a

legal,

to

to

administrativeand historicalforms of

print during

during

print

the

the

century following

century

following

the

the

(re)establishment

(re)establishment of

of

way

sion is so

sion is so exclusively that of fiqh,

reflects

the shari'a formed the core of

Shafi'i Lower Yemen,

Shafi'i Lower Yemen, the shari'a formed the core of

reflects that

exclusively

that very

that of

in

in

fiqh,

or as Messick

or as Messick puts it, "sharla society",

society",

puts it,

"sharla

very specificity:

specificity:

Yemen, in both

Yemen,

in both the Zaidi North or, as

the Zaidi North or, as here,

here,

the learnedtradition.

the learnedtradition.

Other genres, such as the artisticand scientific forms of court cultureor the

Other

such as the artisticand scientific forms of court cultureor the

genres,