Because of Covid19 the meetings of the Columbia University Seminar 751 in Fall 2020 will be held on ZOOM. Taking advantage of the digital format, speakers have been invited from outside the USA. To accommodate different time zones, three meetings will be held midday, and only one in the early evening. The first three meetings will take place on Thursdays, but in December we will convene on a Wednesday. Arrangements may be subject to change because of the pandemic, and we apologize in advance for any inconvenience that this may cause. If you wish to attend a meeting, please email our rapporteur Ms. Wilkening (abw2163 [at] columbia.edu).
Separate invitations will be sent out for each meeting. For more information, see our website
Thursday, October 29, 2020, 12 pm noon (NYC) – Adday Hernández López (Consejo Superior de Investigaciones Científicas, Madrid, Spain) – A Late Manuscript, an Old Debate: A Juridical Question of Abū Isḥāq al-Shāṭibī (d. 1388) about Economy, Society and Political Authority in the Premodern Islamic West
In Islamic jurisprudence (Ar. fiqh ) the concept of istighrāq al-dhimma (Ar. lit. “total negation of the legal personality”) has received little scholarly attention until now. Those who were involved in illegal economic activities (Ar. sing. mustaghraq al-dhimma, lit. “someone whose legal personality has been negated by illegal activities”) have acquired debts and must use all their assets to pay them off. The ultimate consequence, in legal theory, is that they lose their legal personality, without which a legal person cannot accept obligations and perform different economic transactions. But some jurists have established exceptions to this general rule so that in certain situations it is permissible to engage again in legal economic transactions with a mustaghraq al-dhimma.
Abū Isḥāq al-Shāṭibī (d. 1388) was a jurist of the Malikī legal school in al-Andalus. He spent his life in Granada, the capital of the Nasrids (1232–1492), who were the last major Muslim dynasty to rule over parts of the Iberian Peninsula and North Africa. My current research project began with an undated late manuscript, probably copied in North Africa in the twentieth century, in which al-Shāṭibī posed a juridical question about the concept of istighrāq al-dhimma. In my talk I will discuss the concept’s origin and development, apart from its implications for the economic, political and social life of the Islamic West.