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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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Extraterritorial Expansion

Extraterritorial Expansion

Chapter:
(p.144) Chapter Six Extraterritorial Expansion
Source:
Across Legal Lines
Author(s):

Jessica M. Marglin

Publisher:
Yale University Press
DOI:10.12987/yale/9780300218466.003.0007

This chapter argues that Jews frequented consular courts in addition to all the other legal venues available to them—particularly local Jewish and Islamic courts. Tracing Jews' efforts to move among different jurisdictions demonstrates the expanded legal mobility of Jews with extraterritoriality. This movement, in turn, shows why it was so important for consular court officials to adapt to the practices of local legal institutions—particularly shariʻa courts. In fact, the movement of individuals between local and consular courts required both sets of officials to adapt to the existence of the other institutions; consular officials relied on Islamic standards of evidence, while shariʻa courts attempted to control forum shopping among Islamic and foreign courts.

Keywords:   consular courts, extraterritoriality, local courts, legal mobility, shariʻa courts, foreign courts, foreign legal venues, Islamic standards of evidence, forum shopping

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