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According to Christian Sunna: Mozarabic notarial culture in Toledo, 1085--1300 (Spain)

Posted on:2004-10-16Degree:Ph.DType:Dissertation
University:Yale UniversityCandidate:Miller, Howard DelginFull Text:PDF
GTID:1465390011963602Subject:History
Abstract/Summary:PDF Full Text Request
In 1085 C.E., when Alfonso VI of Castile-Leon conquered the Muslim city of Toledo, he became the ruler of the single largest concentration of Arabized Christians in Iberia. These Christians, called Mozarabs, had, over the course of a dozen generations under Muslim rule, maintained their religion when all others around them had converted to Islam. Yet, these same Christian holdouts could not resist the pull of Arabic culture, becoming, over the same dozen generations, substantially Arabized, to the point that Arabic became the language of their law courts and their legal documents.; Generally, scholars have assumed that Mozarabs held onto their legal traditions as tenaciously as they had their religion, using the pre-Muslim, Visigothic legal codes, called the Forum iudicum, and known colloquially as the Fuero Juzgo, to administer justice within their community. Yet nearly 1300 Arabic-language, Christian documents, most originally from the archives of Toledo's cathedral and dating from the period 1085 to 1300, can be shown to use legal language and formulas taken directly from a legal formulary written by the eleventh-century, Maliki, Muslim jurist, Ahmad b. Muhammad b. Mughith al-Tulaytuli.; This, then, is the central question of this dissertation: how can the claims of Mozarabic legal conservatism---the supposed preservation and veneration of the Fuero Juzgo---be reconciled with the overtly Muslim character of the legal documents that this supposed conservatism produced.; Using the abundant evidence provided by the extensive collection of extant Arabic-language documents, this dissertation will show that Mozarabic notarial culture was profoundly influenced by Islamic notarial culture, and that Mozarabic notaries, working in the tradition of the Muslim shahud `udul , produced identifiably Muslim-style documents, which were used in identifiably Muslim-style ways, despite the avowals of Mozarabic conservatism, and further, that this system survived the return to Christian rule by at least two centuries.
Keywords/Search Tags:Mozarabic, Christian, Notarial culture, Muslim
PDF Full Text Request
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