Islamic Law and Society in Iran: a Social History of Qajar Tehran

Islamic Law and Society in Iran The relationship between Islamic law and society is an important issue in Iran under the Islamic Republic. Although Islamic law was a pivotal element in the traditional Iranian society, no comprehensive research has been made until today. This is because modern reformers emphasized the lack of rule of law in nineteenth- century Iran. However, a legal system did exist, and Islamic law was a substantial part of it. T h i s i s t h e rst book on the relationship between Islamic law and the Iranian society during the nineteenth century. The author explores the legal aspects of urban society in Iran and provides the social context in which political process occurred and examines how authorities applied law in society, how people utilized the law, and how the law regulated society. Based on rich archival sources including court records and private deeds from Qajar Tehran, this book explores how Islamic law functioned in Iranian society. The judicial system, sharia court, and religious endowments (vaq ࣠f ) are fully discussed, and the role of ulama as legal experts is highlighted throughout the book. It challenges nationalist and modernist views on nineteenth-century Iran and provides a unique model in terms of the relationship between Islamic law and society, which is rather different from the Ottoman case. Providing an understanding of this legal system in Iran and its role in society, this book offers a basis for assessing the motives and results of modern reforms as well as the modernist discourse. This book will be of interest to students of Middle Eastern and Iranian Studies. Nobuaki Kondo is a Professor at Research Institute for Languages and Cultures of Asia and Africa, Tokyo University of Foreign Studies. His research interests cover early modern history of Iran and the Persianate societies. His most important publication is Persian Documents (Routledge, 2003). Royal Asiatic Society Books Editorial Board: Professor Francis Robinson, Royal Holloway, University of London (Chair) Professor Tim Barrett, SOAS, University of London Dr Evrim Binbaú, Royal Holloway, University of London Professor Anna Contadini, SOAS, University of London Professor Michael Feener, National University of Singapore Dr Gordon Johnson, University of Cambridge Professor David Morgan, University of WisconsinMadison Dr. BMC Brend Dr. R. Llewellyn Jones MBE The Royal Asiatic Society was founded in 1823 for the investigation of subjects connected with, and for the encouragement of science, literature and the arts in relation to, Asia. Informed by these goals, the policy of the Societys Editorial Board is to make available in appropriate formats the results of original research in the humanities and social sciences having to do with Asia, de ned in the broadest geographical and cultural sense and up to the present day. The Man in the Panthers Skin The History of the Mohammedan Shota Rustaveli Dynasties in Spain Translated from the Georgian by Ahmed ibn Mohammed al-Makkari M. S. Wardrop Translated from the Arabic by New Foreword by Donald Ray eld Pascual de Gayangos New Introduction by Michael Brett Studies in Turkic and Mongolic Linguistics Society, Politics and Economics in Gerard Clauson Mazandaran, Iran 18481914 New Introduction by Mohammad Ali Kazembeyki C. Edmund Bosworth The Courts of Pre-Colonial South India Women, Religion and Culture Jennifer Howes in Iran Edited by Sarah Ansari and The Zen Arts Vanessa Martin Rupert Cox The Theory of Citrasutras in The Development of Modern Indian Painting Medicine in Non-Western A Critical Re-Evaluation of their Countries Uses and Interpretations Historical Perspectives Isabella Nardi Edited by Hormoz Ebrahimnejad Persian Literature: A Anglo-Iranian Relations Bio-bibliographical Survey Since 1800 Volume V: Poetry of the Edited by Vanessa Martin Pre-Mongol Period François de Blois State Violence and Punishment in India Tribal Politics in Iran Taylor C. Sherman Rural Con ict and the New State, 19211941 The British Occupation of Stephanie Cronin Indonesia 19451946 Britain, the Netherlands and the Muslims in India since 1947 Indonesian Revolution Islamic Perspectives on Richard McMillan Inter-Faith Relations Yoginder Sikand The Making of Western Indology Henry Thomas Colebrooke and the East India Company Muslim Women, Reform and Ludo Rocher and Rosane Rocher Princely Patronage Nawab Sultan Jahan Begam of Bhopal The Politics of Self-Expression Siobhan Lambert-Hurley The Urdu Middleclass Milieu in Mid-Twentieth Century India and Pakistan The Origins of Himalayan Markus Daechsel Studies Brian Houghton Hodgson in Nepal The Rise of the Ottoman Empire and Darjeeling 18201858 Studies in the History of Turkey, Edited by David M Waterhouse 13th15th Centuries Paul Wittek, edited by Colin Hindi Poetry in a Musical Genre Heywood Thumri Lyrics Lalita Du Perron Urbanisation, Citizenship and Con ict in India The Cheitharol Kumpapa: The Ahmedabad 19002000 Court Chronicle of the Kings of Tommaso Bobbio Manipur Original Text, Translation and Notes Islamic Law and Society in Iran Vol. 1. 331763 CE A Social History of Qajar Tehran Saroj Nalini Arambam Parratt Nobuaki Kondo Royal Asiatic Society Books: Ibrahim Pasha of Egypt Series The Royal Asiatic Societys Ibrahim Pasha of Egypt Fund, established in 2001 by Princess Fazilé Ibrahim, encourages the growth and development of Ottoman studies internationally by publishing Ottoman documents and manuscripts of historical importance from the classical period up to 1839, with transliteration, full or part translation and scholarly commentaries Grievance Administration (ùikayet) in an Ottoman Province The Kaymakam of Rumelias Record Book of Complaints of 17811783 Michael Ursinus Islamic Law and Society in Iran A Social History of Qajar Tehran Nobuaki Kondo First published 2017 by Routledge 2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN and by Routledge 711 Third Avenue, New York, NY 10017 Routledge is an imprint of the Taylor & Francis Group, an informa business © 2017 Nobuaki Kondo The right of Nobuaki Kondo to be identi ed as author of this work has been asserted by him in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988. All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers. Trademark notice : Product or corporate names may be trademarks or registered trademarks, and are used only for identi cation and explanation without intent to infringe. British Library Cataloguing-in-Publication Data A catalogue record for this book is available from the British Library Library of Congress Cataloging-in-Publication Data Names: Kondo, Nobuaki, 1966, author. Title: Islamic law and society in Iran : a social history of Qajar Tehran / Nobuaki Kondo. Description: New York, NY : Routledge, 2017. | Series: Royal Asiatic Society books | Includes bibliographical references and index. Identi ers: LCCN 2016048063 | ISBN 9780415711371 (hardback) | ISBN 9781315201832 (ebook) Subjects: LCSH: Islamic lawIranTehran. | WaqfIranTehran. | Justice, Administration ofIranTehran. | Sociological jurisprudence IranTehran. Classi cation: LCC KBP63.3 .K66 2017 | DDC 340/.115095525dc23 LC record available at https://lccn.loc.gov/2016048063 ISBN: 978-0-415-71137-1 (hbk) ISBN: 978-1-315-20183-2 (ebk) Typeset in Times New Roman by Apex CoVantage, LLC Contents List of gures viii List of tables ix List of maps x Acknowledgements xii Introduction 1 1 The historical development of Tehran 11 2 Judicial system 22 3 Sharia court 38 4 An actual dispute: the case of double vaq ࣠f 58 5 Attestations and transactions in sharia courts 74 6 Vaq࣠f s in Tehran 96 7 Vaq࣠f and private property 124 8 Transformation of vaq ࣠f s 146 Conclusion 166 Appendix: List of vaqf deeds referred to in Chapter 6 171 Bibliography 180 Index 193 Figures 4.1 Possessors of Bord-abad, their shares, and related documents 70 5.1 Structure of conditional sales 80 5.2 Average number of Nuris records per month 91 8.1 Plan of the Old Friday Mosque 148 8.2 Chahardah Masum vaq࣠f during the eighteenth century 154 8.3 Chahardah Masum vaq࣠f after 1856 157 T a b l e s 3.1 Composition of records in the court registers 45 5.1 Records sorted by the types of contract for sales 75 5.2 Sale records sorted by sale items in the registers 75 5.3 Sale records sorted by article price 76 5.4 Records of donations conducted between family members 77 5.5 Records of lease sorted by the type of contract 78 5.6 Records of lease sorted by items 78 5.7 Rent amounts in each lease transaction 79 5.8 Lease contract periods 79 5.9 Contract types for conditional sales and leases 81 5.10 Loan amounts in conditional sales 81 5.11 Interest rates of conditional sales 82 5.12 Loan periods for conditional sales 83 5.13 Types of collateral for conditional sales 83 5.14 Contract types for loans and credit 86 5.15 Interest and security in loan and credit records 87 5.16 Types of con rmed documents 88 5.17 Records sorted by the location of the properties 92 5.18 Records sorted by clients nesbe 92 6.1 Vaq࣠f property in the inventory of the royal property dated 1843 97 6.2 Vaq࣠f property in the scal book of the Tehran province in 1870 99 6.3 New vaq࣠f entries in the scal book of 18861887 100 6.4 Dates of the vaq ࣠f deeds analyzed in Chapter 6 101 6.5 Number of vaq࣠f s and their

Load more