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Across Legal LinesJews and Muslims in Modern Morocco$
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Jessica M. Marglin

Print publication date: 2016

Print ISBN-13: 9780300218466

Published to Yale Scholarship Online: May 2017

DOI: 10.12987/yale/9780300218466.001.0001

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Breaking and Blurring Jurisdictional Boundaries

Breaking and Blurring Jurisdictional Boundaries

Chapter:
(p.77) Chapter Three Breaking and Blurring Jurisdictional Boundaries
Source:
Across Legal Lines
Author(s):

Jessica M. Marglin

Publisher:
Yale University Press
DOI:10.12987/yale/9780300218466.003.0004

This chapter looks more closely at the interplay between Jewish and Islamic courts. It discusses instances in which Jews chose to bring cases to Islamic legal institutions even when they could have remained in Jewish courts, and when Muslims similarly chose to use Jewish legal institutions rather than stay in Islamic ones. The chapter also argues that Jews' and Muslims' movement across jurisdictional boundaries caused judicial officials from both communities to accommodate the realities of legal pluralism. Islamic law and Jewish law converged toward each other—Islamic law by accommodating the existence and validity of Jewish legal institutions, and Jewish law by accommodating the presence of Muslims in Jewish courts.

Keywords:   Jewish law, Islamic law, Jewish legal institutions, Islamic legal institutions, legal pluralism, jurisdictional boundaries

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