Lecture “What room for the ‘public space’ in Islamic law?”, Christian Müller — RomanIslam Center for Comparative Empire and Transcultural Studies, University Hamburg, 11 May 2022

In a millenarian tradition, Muslim legal thinking (fiqh), commonly called Islamic law, developed detailed rulings on a variety of subjects that ranged from religious obligations to family, commercial and penal law, but did not include a concept of “public space”. My talk first dresses a rough inventory of historical phenomena touching upon what we may call “public order in generally accessible spaces” within Muslim societies. It secondly inquires into the particularities of the jurists’ law as a sacred rule-system, and thirdly situates the development of law within Muslim history of the caliphate as supreme power during Islam’s early centuries. On the basis of these considerations, I then propose a new hypothesis on the treatment of cases linked with public order by the notion of hisba, which was not part of juridical casuistry and outside the realm of the cadi’s jurisdiction.

Prof. Christian Müller (PhD Freie Universität Berlin 1997, habilitation Univ. Halle-Wittenberg 2007) is  Research Professor (directeur de recherche) at the Centre National de la Recherche Scientifique (CNRS) and responsable of the Arabic Section of the IRHT in Paris. Engaging with the study of Islamic law for over 25 years, his academic interests range broadly across the history of Islamic law from early Islam to the pre-modern period. His publications, mainly in German, English and French, include monographs on 11th-century judicial practices in Muslim Spain based on fatwa-literature (1999), the documents of the Haram al-Sharīf in 14th-century Jerusalem (2013) and the first ever – exploratory – survey on the evolution the jurists’ law within legal orders from the beginning of Islam until the 19th century, embracing juridical thinking on law-rulings and hermeneutics as well as legal documents (2022). He is fondator and head of the ERC project “Islamic Law Materialized” (ILM, 2009-13) focusing on Arabic legal documents dated from the eighth to the sixteenth centuries. ILM produced the database “Comparing Arabic Legal Documents” (CALD), currently available online. He is also editor of “The Documents in Islamic Law in History” (DILiH), a blog hosting publish research data and posts issued from CALD since 2021. One of his hypothesis deriving from his works on documents and relics of legal practices is what he calls the “shariatic turn” in Islamic law taking place during the 13th-century.

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Citer ce billet
Chargé de diffusion scientifique (2022, 9 mai). Lecture “What room for the ‘public space’ in Islamic law?”, Christian Müller — RomanIslam Center for Comparative Empire and Transcultural Studies, University Hamburg, 11 May 2022. IISMM. Consulté le 20 mai 2024, à l’adresse https://doi.org/10.58079/q2a0

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