Legal and Cultural Aspects of Ignominious Parading (Tashhir) in Islam

2007 ◽  
Vol 14 (1) ◽  
pp. 81-108 ◽  
Author(s):  
Christian Lange
Keyword(s):  
19Th Century ◽  
Islamic Law ◽  
Classical Period ◽  
Legal Tradition ◽  
Crucial Element ◽  
Cultural Aspects ◽  
Symbolic Structure ◽  
Private And Public ◽  
Islamic Historiography ◽  
The 19Th Century

AbstractIgnominious parading (tashhīr) was a crucial element of Islamic punitive practice well into the 19th century CE. In the context of a cultural-legal tradition for which the distinction between private and public was all-important, a punishment consisting, literally, in "making someone public" had a fundamental role to play. However, tashhīr has gone largely unnoticed by historians of Islamic law, despite the fact that it features prominently in legal discussions as the penalty for perjury (shahādat al-zūr). This essay, based for the most part on sources from the late-classical period (5th/11th and 6th/12th centuries), not only analyzes the place of tashhīr in fiqh, but it also takes into account instances of tashhīr in Islamic historiography and in the eschatological literature, thus uncovering the symbolic structure that underlies the tashhīr ritual.

scholarly journals The Historiography of Islamic Law: The Case of Tārīkh al-Tashrī‘ Literature

2016 ◽  
Vol 54 (2) ◽  
pp. 369
Author(s):  
Arif Maftuhin
Keyword(s):  
19Th Century ◽  
Islamic Law ◽  
Academic Paper ◽  
History Of ◽  
Islamic Historiography ◽  
The 19Th Century ◽  
Western Historiography ◽  
Initial Exploration

Tārīkh al-Tashrī‘ (the history of sharia affairs) is a relatively new genre of Islamic historiography and very popular among students of Islamic Law. Despite its popularity, academics of Islamic historiography seem not interested in studying it. There is hardly any academic paper seriously studied the literature. This paper is a first effort to explore the Tārīkhu’t-tashrī‘ literature through a historiographical analysis. As an initial exploration, it argues that Tārīkh al-Tashrī‘ is the latest development of Islamic historiography, developed in the 19th century, but it is a genre of the old Islamic historiography with some new elements. The new elements are influenced by both modern Western historiography and the need to re-open the supposedly closed gate of ijtihād. The paper studied books of Tārīkh al-Tashrī‘ available during the research between 2013-2015. [Tārīkh al-Tashrī‘ adalah genre yang relatif ‘baru’ dalam matarantai perkembangan historiografi Islam­. Literatur ini sangat popular dan menjadi mata kuliah wajib di fakultas-fakultas Syariah di Indonesia maupun Timur Tengah. Hanya saja, meskipun ia sangat populer sebagai mata pelajaran, Tārīkh al-Tashrī‘ belum banyak menarik minat para peneliti historiografi. Makalah in berusaha mengeksplorasi literatur Tārīkh al-Tashrī‘ dengan pendekatan historiografi. Makalah ini berpendapat bahwa Tārīkh al-Tashrī‘, meski terlihat ‘modern’ dari segi kelahirannya, tidak banyak berbeda dengan literatur historiografi klasik. Perbedaan terjadi karena adanya pengaruh historiografi Barat dalam model penulisannya dan karena kebutuhan untuk membuka kembali pintu ijtihad yang tertutup. Kajian dilakukan terhadap kitab-kitab Tārīkh al-Tashrī‘ yang dapat ditemukan selama riset antara 2013-2015 ]

Slavery and the Slave Trade in the Sokoto Caliphate

2021 ◽  
Author(s):  
Murray Last
Keyword(s):  
19Th Century ◽  
North Africa ◽  
Islamic Law ◽  
Slave Trade ◽  
Local Markets ◽  
Large Numbers ◽  
Women And Children ◽  
Sokoto Caliphate ◽  
Muslim Communities ◽  
The 19Th Century

Established using a conventional Islamic model of government, the new Muslim state in Sokoto, known as the Sokoto Caliphate (1804–1903), possessed eventually very large numbers of men, women, and children, taken captive (usually when children) in jihad from mainly non-Muslim communities, to serve as slaves. These slaves worked on farms or within households, they might be concubines and bear children for their owners; or they might be sold as children for export to North Africa in payment for the luxury imports the new elite wanted. Slaves were, under Islamic law, deemed “minors” or “half-persons,” and so had rights that differed from those of the free Muslim. By the end of the 19th century there were more slaves on the local markets than could be sold; exports of captives to North Africa had already dropped. For some captives enslaved as children, however, the career as a slave led eventually to high political positions, even to owning many slaves of their own. But slaves’ property, even their children, ultimately belonged to the slave’s owner. Revolts by male slaves were very rare, but escape was commonplace. Concubines, if they ever became pregnant by their owner, could not be sold again. The abolition of slavery c.1903 was slow to become a reality for many individual slaves, whether men or women.

The Tycho Brahe Corpus of Historical Portuguese

2018 ◽  
Vol 18 (1) ◽  
pp. 49-73 ◽  
Author(s):  
Charlotte Galves
Keyword(s):  
19Th Century ◽  
18Th Century ◽  
The Other ◽  
Classical Period ◽  
Verb Movement ◽  
Tycho Brahe ◽  
The 19Th Century ◽  
Qualitative Changes

Abstract This article introduces the Tycho Brahe Corpus (TBC), a parsed corpus of Historical Portuguese built on the model of the Penn-York Corpora of English. As an illustration of the usefulness of the TBC, the article presents research on the evolution of the position and interpretation of subjects in Portuguese from the 16th to the 19th century. Two main claims emerge, in response to questions that have largely remained unanswered until now, due to the paucity of available data. One is that the texts of the classical period instantiate verb-movement to Comp in matrix clauses, reflecting a V2 grammar. The other is that quantitative and qualitative changes appearing in the texts of the authors born from the beginning of the 18th century on indicate that, at this period, verb-movement to Comp was lost and the modern SVO grammar emerged.

Succession Rights of Muslim Women in the Modern World: An Analytical Appraisal

2014 ◽  
Vol 28 (2) ◽  
pp. 111-135
Author(s):  
Mohd Altaf Hussain Ahangar
Keyword(s):  
19Th Century ◽  
Islamic Law ◽  
Muslim Women ◽  
Modern World ◽  
Muslim Countries ◽  
Uniform Law ◽  
The Right ◽  
Law Of Succession ◽  
The 19Th Century

Islam allows women the right to succession on the principle of a double share to a man and a single share to a woman. This principle is in reality an improvement on the operating law even in the 19th century wherein women were totally excluded from succession. Presently all Muslims are not governed by a uniform succession law. There are Muslim countries where the Shari‛ah is followed in theory while in reality a woman is excluded from inheritance. There are Muslim countries where Muslim women are allowed equal succession rights with men. Most non-Muslim countries have a uniform law of succession for all its citizens. This article addresses the question as to whether the modern law operating particularly in non-Muslim countries in comparison to Islamic law does better justice to nearer female heirs.

scholarly journals SOCIAL CUSTOMS AND BELIEVES OF THE TEA COMMUNITY OF ASSAM: AN ANALYTICAL STUDY

2020 ◽  
Vol 8 (10) ◽  
pp. 1211-1213
Author(s):  
Gyanshree Dutta ◽  
Keyword(s):  
19Th Century ◽  
Individual Characteristics ◽  
The State ◽  
Religious Groups ◽  
North East India ◽  
Cultural Aspects ◽  
North East ◽  
The North ◽  
Tea Production ◽  
The 19Th Century

India is a co-habitation of different casts, socio-cultural, religious groups of people. It is also observed in Assam, the state in the North-East India. It should be noted that the state of Assam has a reputation worldwide in the field of tea production. Since the beginning of tea production in Assam in the 19th century, the Tea Community social group of Assam has been formed with a large number of people working hard in the tea gardens. In this way tea farmers living in Assam since 19th century have become an independent community with their own social and cultural characteristics. The Tea Community of Assam has a lot of individual Characteristics in the socio-cultural aspects. This study attempts to discuss their social folk customs and believes.

scholarly journals HISTORIOGRAPHICAL DISCOURSE ON THE ROLE OF ARCHETYPES IN STABILIZATION OF THE CONFLICT DEVELOPMENT OF UKRAINIANS’ NATIONAL IDENTITY IN THE EMPERIAL AGE

2019 ◽  
pp. 17-22
Author(s):  
Nataliia Semerhei
Keyword(s):  
Cultural Values ◽  
19Th Century ◽  
Time Frame ◽  
Social Scientists ◽  
Cultural Revival ◽  
Creative Processes ◽  
Religious Traditions ◽  
Cultural Aspects ◽  
The 19Th Century

The article is devoted to the analysis of modern Ukrainian researches about place and role of archetypes of Ukrainian mentality in genesis of national and cultural revival and development of the Ukrainian identity in the second half of the 19th century. Archetypes are studied as the source structure of collective unconscious national ideas, which are presented as common ideas, feelings, and stories, characters that determine social, cultural and religious traditions of ethnos. It has been found out, that within the framework of modern Ukrainian studies, integration of archetypical methodology with a research of social, cultural and spiritual aspects of development of Ukrainian society is rather slight but it considerably contrasts with the exceptional cognitive value of analysis on the domestic historical processes and events in terms of archetypes and mentality. It is shown that modern historians and social scientists identify the structural archetype components of Ukrainian mentality as factors and basis of national movement and Ukrainian revival. Modern historian G. Kasyanov determines a time frame for these events: the end of the 18th – 90s of the 20th century. At the same time, scientists pay attention to the fact that state, political and ideological conditions when Ukrainian lands were under Romanov and Habsburg Empires also influenced a structure of Ukrainian archetype. This fact caused some changes in Ukrainian identity, appearance of so called Little-Russians identity and syndrome of double loyalty (Y. Kalakura and others). Scientists consider that Ukrainian national peculiarities (agriculture, individualism, tolerance, democracy, love of freedom, peaceful nature, instability and inconsistency, lack of collective will and national solidarity) influenced the dynamics and character of state creative processes in different ways. These national peculiarities were driving force of changes and, at the same time, had destructive influence on state creative processes in imperial age. Historians believe that such fundamental principles of Ukrainian identity as archetype of motherland (agro-based production, social and historical, spiritual and cultural aspects) were formed exactly in the 19th century. In that period, such triad of Ukrainian mentality as House-Field-Temple, archetype of collegiality of ethnos and others has also emerged. The author comes to the conclusion that research of archetypes of Ukrainian mentality enables to find out the ideological source of those spiritual, national and social and cultural values and senses which became the basis for national and cultural revival in imperial age. Moreover, archetypical verification of modern public policy for the purpose its correlation to national, spiritual and cultural identity of the Ukrainians is of great importance for the progress and efficiency of modern state creative processes.

scholarly journals The Rock-Carved Tumulus of Nikon in Tisna

2021 ◽  
pp. 66-80
Author(s):  
Özden Ürkmez
Keyword(s):  
19Th Century ◽  
Unique Feature ◽  
Classical Period ◽  
Construction Technique ◽  
Different Types ◽  
The Subject ◽  
The 19Th Century ◽  
The City

Tisna, one of the lesser-known ancient cities of the Aeolis region, has been studied in detail since 2018. The first studies carried out in the region since the end of the 19th century localized the region in the Kocakale Tepe - Sarıkale Tepe - Mantar Tepe triangle as Tisna. It is understood that the center of the city is Sarıkale Tepe. The name Tisna first appears on the coins of the 4th century BC in the region. From the Roman era, the city is called Titanus. One of the most important features of the city is that it is surrounded by necropoleis. There are different types of tombs in the necropoleis, especially located on the southern and western slopes. One of these tomb types is the Tumuli. However, as a result of our investigation, it was understood that these tumuli had a different structure from the classic tumuli. We named this type of tomb, in which a rock tomb is covered with a masonry hill, the Rock-Carved Tumulus. The subject of this article is Nikon's rock-carved tumulus, which is understood to be one of such tombs in the region. Our evaluations on the tomb, which has a unique feature in terms of construction technique, indicate that it must belong to the Late Classical period, perhaps to the early 4th century.

The Spread and Persistence of Māturīdi Kalām and Underlying Dynamics

2009 ◽  
Vol 13 (1) ◽  
pp. 59-92
Author(s):  
Philipp Bruckmayr
Keyword(s):  
South Asia ◽  
19Th Century ◽  
Legal Tradition ◽  
The Past ◽  
Theological Schools ◽  
State Of Affairs ◽  
Relationship Of ◽  
The 19Th Century ◽  
The Relationship

AbstractThe paper is concerned with a long-term perspective on the position of Māturīdi kalām within (mostly) Hanafi Muslim societies from Timurid times to the 19th century. Whereas outright conflict between legal and theological schools was mainly a thing of the past during the time in question with Ash'arism, already fully embraced also by Hanafi constituencies within the ahl al-sunna wa l-jamā'a, a preference for Māturīdi views on specific issues persisted among the majority of Hanafi kalām scholars from Bosnia to South Asia. This state of affairs will be highlighted through recourse to madrasa curricula and theological literature from the era and areas as diverse as Turkey and Southeast Asia. Additionally, it seeks to draw attention to the mechanisms behind the spread and long-term persistence of the school throughout large parts of a Muslim world seemingly dominated by Ash'arism in the sphere of scholastic theology. In this regard, the prevalence of Transoxanian legal tradition within Hanafism and its linkages to Māturīdism, as well as the relationship of Naqshbandi Sufism to the school will be discussed.

scholarly journals « Toil of the noble world » : Pasquale Stanislao Mancini, Augusto Pierantoni and the international legal discourse of 19th century Italy

2021 ◽  
Author(s):  
Elisabetta Fiocchi Malaspina
Keyword(s):  
International Law ◽  
19Th Century ◽  
Legal Discourse ◽  
Point Of View ◽  
Colonial Education ◽  
Private And Public ◽  
Droit International ◽  
Xixe Siecle ◽  
The 19Th Century ◽  
Xixe Siècle

The aim of this article is to reconstruct, from a legal historical point of view, the complexity and the meaning of international law in the Italian peninsula during the 19th century. The paper will analyse different entanglements that constituted the core of nineteenth-century Italian international legal discourse. It is structured in four sections, dealing respectively with : 1) the principle of nationality elaborated by Pasquale Stanislao Mancini and its repercussion both on private and public international law ; 2) the return to the historical origins of Italian international law and the role played by comparative constitutional law ; 3) the implementation and translation of particular legal genres, such as the attempts to codify international law ; 4) colonial education, including legal education, through the creation of the Scuola diplomatico-coloniale (colonial and diplomatic school). L’objectif de cet article est de reconstruire, d’un point de vue historico-juridique, la complexité et la signification du droit international dans la péninsule italienne au cours du xixe siècle. L’article analysera les différents enchevêtrements qui constituaient le cœur du discours juridique international italien du xixe siècle et il est structuré en quatre sections, traitant respectivement de : 1) la déclinaison du principe de la nationalité élaboré par Pasquale Stanislao Mancini, et sa répercussion sur le droit international privé et public ; 2) le retour aux origines historiques du droit international italien et le rôle joué par le droit constitutionnel comparé ; 3) la mise en œuvre et la traduction de genres juridiques particuliers, comme la codification internationale ; 4) l’éducation coloniale, y compris l’éducation juridique, par la création de la Scuola diplomatico-coloniale (école coloniale et diplomatique).

scholarly journals O Santo Ofício em Portugal e a narrativa crítica de Alexandre Herculano em relação à Inquisição / The Holy Office in Portugal and the Critical Narrative of Alexandre Herculaneum in Relation to the Inquisition

2021 ◽  
Vol 40 (64) ◽  
pp. 145
Author(s):  
Felipe Dos Santos Matias
Keyword(s):  
19Th Century ◽  
Work History ◽  
Second Moment ◽  
The Real ◽  
Cultural Aspects ◽  
History Of ◽  
Jose Saramago ◽  
The 19Th Century ◽  
Do So ◽  
The Way

Resumo: O presente artigo estuda, inicialmente, o Santo Ofício português – iniciado em 1536 e oficialmente extinto apenas no século XIX, em 1821 –, procurando abordar alguns aspectos históricos, sociais, políticos e culturais decorrentes do funcionamento do tribunal inquisitorial em solo luso. Para tanto, dialoga-se com historiadores e intelecuais como António Baião, Anita Novinsky, António Sérgio, Lana Lage da Gama Lima, Giuseppe Marcocci, José Pedro Paiva, Toby Green, António José Saraiva, Eduardo Lourenço, dentre outros. Em um segundo momento do estudo, analisa-se a obra História da origem e estabelecimento da Inquisição em Portugal (1854), de Alexandre Herculano (1810-1877), buscando-se evidenciar a forma pela qual a narrativa historiográfica herculaniana constituiu um discurso crítico em relação à institucionalização da Inquisição no reino português – durante a monarquia de D. João III – e aos laços estreitos entre os poderes real e religioso.Palavras-chave: Inquisição; Portugal; Alexandre Herculano.Abstract: This article initially studies the Portuguese Holy Office - which began in 1536 and was officially extinguished only in the 19th century, in 1821 - and seeks to address some historical, social, political and cultural aspects arising from the operation of the Inquisitorial Court on Portuguese soil. To do so, it dialogues with historians and intellectuals such as António Baião, Anita Novinsky, António Sérgio, Lana Lage da Gama Lima, Giuseppe Marcocci, José Pedro Paiva, Toby Green, António José Saraiva, Eduardo Lourenço, among others. In a second moment of study, the work History of the origin and establishment of the Inquisition in Portugal (1854), by Alexandre Herculano (1810-1877), is analyzed, seeking to highlight the way in which the herculanian historiographic narrative constituted a discursive criticism in relation to the institutionalization of the Inquisition in the Portuguese kingdom – during the monarchy of D. João III – and to the close ties between the real and religious powers.Keywords:Inquisition; Portugal; Alexandre Herculano.Resumo: O presente artigo[1] estuda, inicialmente, o Santo Ofício português – iniciado em 1536 e oficialmente extinto apenas no século XIX, em 1821 –, procurando abordar alguns aspectos históricos, sociais, políticos e culturais decorrentes do funcionamento do tribunal inquisitorial em solo luso. Para tanto, dialoga-se com historiadores e intelecuais como António Baião, Anita Novinsky, António Sérgio, Lana Lage da Gama Lima, Giuseppe Marcocci, José Pedro Paiva, Toby Green, António José Saraiva, Eduardo Lourenço, dentre outros. Em um segundo momento do estudo, analisa-se a obra História da origem e estabelecimento da Inquisição em Portugal (1854), de Alexandre Herculano (1810-1877), buscando-se evidenciar a forma pela qual a narrativa historiográfica herculaniana constituiu um discurso crítico em relação à institucionalização da Inquisição no reino português – durante a monarquia de D. João III – e aos laços estreitos entre os poderes real e religioso.Palavras-chave: Inquisição; Portugal; Alexandre Herculano.Abstract: This article initially studies the Portuguese Holy Office - which began in 1536 and was officially extinguished only in the 19th century, in 1821 - and seeks to address some historical, social, political and cultural aspects arising from the operation of the Inquisitorial Court on Portuguese soil. To do so, it dialogues with historians and intellectuals such as António Baião, Anita Novinsky, António Sérgio, Lana Lage da Gama Lima, Giuseppe Marcocci, José Pedro Paiva, Toby Green, António José Saraiva, Eduardo Lourenço, among others. In a second moment of study, the work History of the origin and establishment of the Inquisition in Portugal (1854), by Alexandre Herculano (1810-1877), is analyzed, seeking to highlight the way in which the herculanian historiographic narrative constituted a discursive criticism in relation to the institutionalization of the Inquisition in the Portuguese kingdom – during the monarchy of D. João III – and to the close ties between the real and religious powers.Keywords: Inquisition; Portugal; Alexandre Herculano.[1] Este estudo é parte da tese As representações da Inquisição nos discursos historiográfico de Alexandre Herculano e literário de José Saramago, defendida em 2014, na UFJF. 

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