Pub Date : 2021-11-26DOI: 10.1163/15685209-12341548
N. Kondo
This article examines various aspects of conditional sales (bayʿ-i sharṭ) and other types of loans in Qajar Iran (1796-1925). Islamic law prohibited usury, but Shiʿi jurists found a way to legalize money lending at interest. In this paper, I explore how these transactions occurred in practice and what features they had. To this end, I consider three groups of bayʿ-i sharṭ deeds from the National Archives of Iran, discussing how each case proceeded and how differences between cases reveal the ways in which this type of transaction functioned. While similar types of transactions were allowed in other regions and schools of law, the details of Shiʿi legal devices were distinctive.
{"title":"Conditional Sales and Other Types of Loans in Qajar Iran","authors":"N. Kondo","doi":"10.1163/15685209-12341548","DOIUrl":"https://doi.org/10.1163/15685209-12341548","url":null,"abstract":"\u0000This article examines various aspects of conditional sales (bayʿ-i sharṭ) and other types of loans in Qajar Iran (1796-1925). Islamic law prohibited usury, but Shiʿi jurists found a way to legalize money lending at interest. In this paper, I explore how these transactions occurred in practice and what features they had. To this end, I consider three groups of bayʿ-i sharṭ deeds from the National Archives of Iran, discussing how each case proceeded and how differences between cases reveal the ways in which this type of transaction functioned. While similar types of transactions were allowed in other regions and schools of law, the details of Shiʿi legal devices were distinctive.","PeriodicalId":45906,"journal":{"name":"Journal of the Economic and Social History of the Orient","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-11-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45499052","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"历史学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-11-26DOI: 10.1163/15685209-12341544
F. Bishara, N. Chatterjee
The collection of essays in this volume examines forms of business documentation in the late Persianate world and the Indian Ocean, between the seventeenth and twentieth centuries. Looking upon business in its broadest sense, the themes range from property disputes within families to inter-polity and inter-imperial deals, all of which is captured within the notion of the bazaar. Presenting documents and documentary forms written in Persian, but also the associated languages of Arabic, Bengali, Gujarati, Hindi, Marathi and Rajasthani, the articles collectively enrich the idea of the Persianate, delineating its specific dispensations within regional contexts, and also its boundaries and limitations. This is also a contribution to the study of Persographia, in this case Persianate rather than just Persian writing. The articles study specific language combinations, lexical elements and usages that came to be deployed in different areas and the legal cultures they provide evidence for.
{"title":"Introduction: The Persianate Bazaar","authors":"F. Bishara, N. Chatterjee","doi":"10.1163/15685209-12341544","DOIUrl":"https://doi.org/10.1163/15685209-12341544","url":null,"abstract":"\u0000The collection of essays in this volume examines forms of business documentation in the late Persianate world and the Indian Ocean, between the seventeenth and twentieth centuries. Looking upon business in its broadest sense, the themes range from property disputes within families to inter-polity and inter-imperial deals, all of which is captured within the notion of the bazaar. Presenting documents and documentary forms written in Persian, but also the associated languages of Arabic, Bengali, Gujarati, Hindi, Marathi and Rajasthani, the articles collectively enrich the idea of the Persianate, delineating its specific dispensations within regional contexts, and also its boundaries and limitations. This is also a contribution to the study of Persographia, in this case Persianate rather than just Persian writing. The articles study specific language combinations, lexical elements and usages that came to be deployed in different areas and the legal cultures they provide evidence for.","PeriodicalId":45906,"journal":{"name":"Journal of the Economic and Social History of the Orient","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-11-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41785390","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"历史学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-11-26DOI: 10.1163/15685209-12341555
Christophe Werner
In the second half of the nineteenth century, practitioners of law in Iran were looking for more flexibility in contractual forms, especially those used to conclude routine transactions of properties and services. They increasingly made use of a type of contract named muṣālaḥa-nāma, derived from the legal concept of ṣulḥ and defined primarily as a means to arrange the amicable settlement of disputes. The present contribution attempts to categorise the kind of transactions for which this universal contractual type could be employed and raises the question what advantages such a “new” contractual form might have entailed.
{"title":"Flexible Forms of Contracts: Transactions through Fictitious Settlements (ṣulḥ/muṣālaḥa) in Iran","authors":"Christophe Werner","doi":"10.1163/15685209-12341555","DOIUrl":"https://doi.org/10.1163/15685209-12341555","url":null,"abstract":"\u0000In the second half of the nineteenth century, practitioners of law in Iran were looking for more flexibility in contractual forms, especially those used to conclude routine transactions of properties and services. They increasingly made use of a type of contract named muṣālaḥa-nāma, derived from the legal concept of ṣulḥ and defined primarily as a means to arrange the amicable settlement of disputes. The present contribution attempts to categorise the kind of transactions for which this universal contractual type could be employed and raises the question what advantages such a “new” contractual form might have entailed.","PeriodicalId":45906,"journal":{"name":"Journal of the Economic and Social History of the Orient","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-11-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44318900","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"历史学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-11-26DOI: 10.1163/15685209-12341552
H. L. Stebbins
Extraterritoriality and nationality were crucial to the legal landscape of the Late Persianate world and relations between Iran and British India. Extraterritoriality not only protected British subjects from Persian prosecution but also afforded the British Empire the means to rule Indians in lands beyond the Raj. Iran’s opposition to extraterritoriality led to laws that expanded Iranian nationality to include many Indians living in Iran and the Iranian diaspora living in India—who often navigated these rules as it best suited their interests. These developments reveal the significance of imperialism and state building to the emergence of modern international law and the fate of the Persianate world.
{"title":"Extraterritoriality, Nationality, and Empire in the Persianate World, 1890-1940","authors":"H. L. Stebbins","doi":"10.1163/15685209-12341552","DOIUrl":"https://doi.org/10.1163/15685209-12341552","url":null,"abstract":"\u0000Extraterritoriality and nationality were crucial to the legal landscape of the Late Persianate world and relations between Iran and British India. Extraterritoriality not only protected British subjects from Persian prosecution but also afforded the British Empire the means to rule Indians in lands beyond the Raj. Iran’s opposition to extraterritoriality led to laws that expanded Iranian nationality to include many Indians living in Iran and the Iranian diaspora living in India—who often navigated these rules as it best suited their interests. These developments reveal the significance of imperialism and state building to the emergence of modern international law and the fate of the Persianate world.","PeriodicalId":45906,"journal":{"name":"Journal of the Economic and Social History of the Orient","volume":"33 5","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-11-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41263444","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"历史学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-11-26DOI: 10.1163/15685209-12341553
Elizabeth M. Thelen
Even though all state documents in Marwar in the second half of the eighteenth century were issued in Rajasthani, Persian-language documents continued to have an active legal life and were debated, discussed and judged through Rajasthani-language petitions and orders. A close reading of one such dispute highlights tensions over the authority of community versus documents, how new forms of state record-keeping affected the legal use of documents, and how the Rajput king’s practice of customary law led both to the interpolation of shariʿa principles into that law when applied to Muslims and to the restriction of the qazi’s jurisdiction.
{"title":"Disputed Transactions: Documents, Language, and Authority in Eighteenth-Century Marwar","authors":"Elizabeth M. Thelen","doi":"10.1163/15685209-12341553","DOIUrl":"https://doi.org/10.1163/15685209-12341553","url":null,"abstract":"\u0000Even though all state documents in Marwar in the second half of the eighteenth century were issued in Rajasthani, Persian-language documents continued to have an active legal life and were debated, discussed and judged through Rajasthani-language petitions and orders. A close reading of one such dispute highlights tensions over the authority of community versus documents, how new forms of state record-keeping affected the legal use of documents, and how the Rajput king’s practice of customary law led both to the interpolation of shariʿa principles into that law when applied to Muslims and to the restriction of the qazi’s jurisdiction.","PeriodicalId":45906,"journal":{"name":"Journal of the Economic and Social History of the Orient","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-11-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47634024","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"历史学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-11-26DOI: 10.1163/15685209-12341547
Prachi Deshpande
Kaulnāmās were ubiquitous in early modern Marathi bureaucratic documentation. They were issued as deeds of assurance offering protection and confirming various rights, especially during warfare or invasion. Such documents were issued at different levels of the administrative hierarchy in the Adilshahi and Maratha administrations to prevent flight from troubled areas, extend cultivation, and encourage commerce. They also recorded grants of waste land to cultivators on graduated rates of taxation, or to merchants for developing market towns. This paper historicizes the kaulnāmā form from the seventeenth through the early nineteenth centuries, exploring the kinds of transactions of power, sovereignty and property it was part of. Through this focus on the trajectory of particular documentary forms, it reflects on the nature of the Persianate within Marathi bureaucratic practices, and the history of the Marathi language more broadly.
{"title":"The Marathi Kaulnāmā: Property, Sovereignty and Documentation in a Persianate Form","authors":"Prachi Deshpande","doi":"10.1163/15685209-12341547","DOIUrl":"https://doi.org/10.1163/15685209-12341547","url":null,"abstract":"\u0000Kaulnāmās were ubiquitous in early modern Marathi bureaucratic documentation. They were issued as deeds of assurance offering protection and confirming various rights, especially during warfare or invasion. Such documents were issued at different levels of the administrative hierarchy in the Adilshahi and Maratha administrations to prevent flight from troubled areas, extend cultivation, and encourage commerce. They also recorded grants of waste land to cultivators on graduated rates of taxation, or to merchants for developing market towns. This paper historicizes the kaulnāmā form from the seventeenth through the early nineteenth centuries, exploring the kinds of transactions of power, sovereignty and property it was part of. Through this focus on the trajectory of particular documentary forms, it reflects on the nature of the Persianate within Marathi bureaucratic practices, and the history of the Marathi language more broadly.","PeriodicalId":45906,"journal":{"name":"Journal of the Economic and Social History of the Orient","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-11-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46420356","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"历史学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-11-26DOI: 10.1163/15685209-12341546
N. Chatterjee
A necessarily widespread feature of language practice in the Persianate world was the need for translation of speech and text, with a range of lexical and semantic challenges involved in taking meaning from one language to another. This article focusses on legal translation, with its highly functional aims, by following the career of a pair of Indo-Persian legal forms known as tamassuk and fārigh-khaṭṭī, used for recording obligation and requital respectively. Tracing their reincarnations from Persian into Marathi, Hindi and Bengali, this article reveals several forms of boundary-crossing: doctrinal, jurisdictional, political and linguistic. In doing so, it explores the legal mindscapes in the early modern Indo-Persian world, spilling from the late Mughal into the colonial, and shows how multilingualism functioned within specific parts of the Persianate cosmopolis.
{"title":"Translating Obligations: Tamassuk and Fārigh-khaṭṭī in the Indo-Persian World","authors":"N. Chatterjee","doi":"10.1163/15685209-12341546","DOIUrl":"https://doi.org/10.1163/15685209-12341546","url":null,"abstract":"\u0000A necessarily widespread feature of language practice in the Persianate world was the need for translation of speech and text, with a range of lexical and semantic challenges involved in taking meaning from one language to another. This article focusses on legal translation, with its highly functional aims, by following the career of a pair of Indo-Persian legal forms known as tamassuk and fārigh-khaṭṭī, used for recording obligation and requital respectively. Tracing their reincarnations from Persian into Marathi, Hindi and Bengali, this article reveals several forms of boundary-crossing: doctrinal, jurisdictional, political and linguistic. In doing so, it explores the legal mindscapes in the early modern Indo-Persian world, spilling from the late Mughal into the colonial, and shows how multilingualism functioned within specific parts of the Persianate cosmopolis.","PeriodicalId":45906,"journal":{"name":"Journal of the Economic and Social History of the Orient","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-11-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45883116","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"历史学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-11-26DOI: 10.1163/15685209-12341556
{"title":"Modified Transliteration Chart, based on the IJMES Chart for Arabic, Persian and Turkish, and the LOC Romanization Tables for Hindi, Bengali, and Gujarati","authors":"","doi":"10.1163/15685209-12341556","DOIUrl":"https://doi.org/10.1163/15685209-12341556","url":null,"abstract":"","PeriodicalId":45906,"journal":{"name":"Journal of the Economic and Social History of the Orient","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-11-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42687495","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"历史学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-11-26DOI: 10.1163/15685209-12341545
F. Bishara
This article explores the contours of debt and labor in the early twentieth-century Persian Gulf pearl dive. It examines the barwa, a declaration exchanged by nakhodas (dhow captains) about the amounts that divers owed and the terms by which they might be hired out. By looking both through and at the barwa, we find a window into the Indian Ocean maritime bazaar, and into the artifacts through which mobile and itinerant laborers were bound to the dhow and its captain. Maritime actors used these papers to navigate the boundary between person and property, and between free and unfree, all within a changing commercial and legal world.
{"title":"The Diver’s New Papers: Wealth, People, and Property in a Persian Gulf Bazaar","authors":"F. Bishara","doi":"10.1163/15685209-12341545","DOIUrl":"https://doi.org/10.1163/15685209-12341545","url":null,"abstract":"\u0000This article explores the contours of debt and labor in the early twentieth-century Persian Gulf pearl dive. It examines the barwa, a declaration exchanged by nakhodas (dhow captains) about the amounts that divers owed and the terms by which they might be hired out. By looking both through and at the barwa, we find a window into the Indian Ocean maritime bazaar, and into the artifacts through which mobile and itinerant laborers were bound to the dhow and its captain. Maritime actors used these papers to navigate the boundary between person and property, and between free and unfree, all within a changing commercial and legal world.","PeriodicalId":45906,"journal":{"name":"Journal of the Economic and Social History of the Orient","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-11-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49180782","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"历史学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-06-04DOI: 10.1163/15685209-12341541
B. Liebrenz
An illustrated cosmographical and geographical manuscript at Oxford’s Bodleian Library, known as the Book of Curiosities, has recently seen a rare confluence of public and scholarly attention. It is widely regarded as one of the outstanding Arabic works of geography, with stylistically idiosyncratic maps and a text that can be traced back to Egypt in the Fatimid period. However, few concrete facts are known about the history of this unique artefact. This article will identify and analyse the traces left by some of its previous owners and thus unlock the Ottoman history of this Fatimid work. By placing it in a concrete temporal and geographical context, we are better able to envisage the intellectual, social, and political environment in which this book could make sense to its owners and readers.
{"title":"Curious Readers: The Bodleian’s Book of Curiosities as a Fatimid View of the World Through Ottoman Eyes","authors":"B. Liebrenz","doi":"10.1163/15685209-12341541","DOIUrl":"https://doi.org/10.1163/15685209-12341541","url":null,"abstract":"\u0000An illustrated cosmographical and geographical manuscript at Oxford’s Bodleian Library, known as the Book of Curiosities, has recently seen a rare confluence of public and scholarly attention. It is widely regarded as one of the outstanding Arabic works of geography, with stylistically idiosyncratic maps and a text that can be traced back to Egypt in the Fatimid period. However, few concrete facts are known about the history of this unique artefact. This article will identify and analyse the traces left by some of its previous owners and thus unlock the Ottoman history of this Fatimid work. By placing it in a concrete temporal and geographical context, we are better able to envisage the intellectual, social, and political environment in which this book could make sense to its owners and readers.","PeriodicalId":45906,"journal":{"name":"Journal of the Economic and Social History of the Orient","volume":"64 1","pages":"404-424"},"PeriodicalIF":0.7,"publicationDate":"2021-06-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49085263","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"历史学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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