Faridun Z. Zavurbekov
Lobachevsky Nizhny Novgorod State University
Features of judicial cases involving women in the Fatimid Caliphate in the 10th–12th centuries (historical and legal analysis)
Zaurbekov F.Z. Features of judicial cases involving women in the Fatimid Caliphate in the 10th–12th centuries (historical and legal analysis). Vestnik of Kostroma State University, 2020, vol. 26, № 2, pp. 249-253 (In Russ.). DOI 10.34216/1998-0817-2020-26-2-249-253
DOI: 10.34216/1998-0817-2020-26-2-249-253
УДК: 347.61
Publish date: 2020-03-25
Annotation: The article deals with the rights of women in the Fatimid Caliphate (10th to 12th centuries) by analysing the judicial practice of the time, the decisions of the Sharia and Mazalim courts. The author focuses on the legal status of women in the sphere of marriage, family and criminal law in the Ismaili tradition. Historical-legal and comparative-legal methods are used in the analysis of sources. The study begins with a short digression into the history of the Fatimid Caliphate. The features of the judicial system, the role of the cadi and its competence are described. There are a number of court cases, one of the parties to which was a woman. Based on the analysis, the author makes a conclusion about the specificity of the Fatimid approach to marriage, in comparison with the Sunni and Imamite legal schools. The special role of guardians at the conclusion of the marriage contract and restriction of freedom of its termination is noted. Attention is drawn to the fact of extremely negative attitude to marriage between Muslim women and representatives of other religious movements, as well as to such an institution of family law as temporary marriage, legalised in the Imamite school of law. The final part deals with criminal cases in which a woman is both the victim and the accused. Based on these precedents, it is a non-trivial conclusion that the judges of the Fatimid Caliphate did not always rely on Sharia norms when making decisions against women, which is completely atypical for Muslim traditions in general. At the same time, any crimes against this group of the population were punished rather severely. Particular attention is drawn to the state's approach to women plaintiffs, depending on the degree of their personal participation in the judicial process.
Keywords: Fatimid Caliphate, Islam, Isma'ilism, Muslim law schools, woman in Islam, Ismaili law school, Mazalim institution, temporary marriage in Fatimid Caliphate.
Literature list: Semenova L.A. Iz istorii drevnego Egipta. Ocherki i materialy [From the history of ancient Egypt: Essays and Materials]. Moscow, Nauka Publ., 1974, 265 p. (In Russ.)
Author's info: Faridun Z. Zavurbekov, ORCID 0000-0001-5532-6620, Assistant of the faculty of law of Lobachevsky Nizhny Novgorod State University, Nizhny Novgorod, Russia. E-mail: zfz2005@gmail.com