Leiden University Scholarly Publications

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Haven, Elisabeth Cornelia van der (2006)

The Bey, the mufti and the scattered pearls : Shari'a and political leadership in Tunisia's Age of Reform -1800-1864

Doctoral Thesis
The dissertation analyzes the changing relations between political leadership, sharia and ulama in Tunisia in the nineteenth century. The ideal of an egalitarian society that, as once in Medina under the Prophet, lived solely by God's law, has remained an important norm in Muslim society ever since. Meanwhile, in the following centuries, Islam proved to be able to live in harmony with almost absolute political leadership that promulgated its own discrete laws, sometimes even deviating from sharia legislation. This discrepancy between the ideal of an all encompassing sharia and the reality of day to day government had, however, to be bridged. The ruler required the approbation of the ulama, whose fatwas gave his actions a theological basis, establishing a synthesis between doctrine and praxis: they served as mechanisms of legitimization. My study highlights three theological discussions accommodating political leadership in nineteenth-century' Tunisia. I demonstrate that, contrary...Show moreThe dissertation analyzes the changing relations between political leadership, sharia and ulama in Tunisia in the nineteenth century. The ideal of an egalitarian society that, as once in Medina under the Prophet, lived solely by God's law, has remained an important norm in Muslim society ever since. Meanwhile, in the following centuries, Islam proved to be able to live in harmony with almost absolute political leadership that promulgated its own discrete laws, sometimes even deviating from sharia legislation. This discrepancy between the ideal of an all encompassing sharia and the reality of day to day government had, however, to be bridged. The ruler required the approbation of the ulama, whose fatwas gave his actions a theological basis, establishing a synthesis between doctrine and praxis: they served as mechanisms of legitimization. My study highlights three theological discussions accommodating political leadership in nineteenth-century' Tunisia. I demonstrate that, contrary to characteristics attributed to Islamic law today, the Tunisian muftis did not view the sharia as a rigid and unchangeable entity, but as a law open to new interpretations to serve their Bey. Under the influence of European pressure these mechanisms of legitimization underwent far-reaching changes in the sixties of the nineteenth century.Show less
Siyasa
Siyasa shariyya
Fatwa
Mazalim
Tunisia
Abolition in Islam
Khayr al-Din
Bayram
Ibn Abi al-Dyaf
All authors
Haven, Elisabeth Cornelia van der
Supervisor
Koningsveld, P.S. van; Abu Zayd, N.H.
Co-supervisor
Groot, A.H. de
Qualification
Doctor (dr.)
Awarding Institution
Faculty of Humanities, Leiden University
Date
2006-10-26

Funding

Sponsorship
The Netherlands Organization for Scientific Research, Stichting Oosters Instituut of Leiden University; Stichting Hendrik Muller's Vaderlandsch Fonds; Slavenkas Zierikzee