Studies of Bactrian Legal Documents deals with legal texts written in Bactrian, an eastern Middle Iranian language, between the 4th and 8th centuries CE. The work aims to give insight in the Bactrian legal formulary as well as its historical context. In order to achieve that, the author carefully examines the terms and phrases in the legal documents and clarifies their function. Then he explores the historical background of expressions and wordings. To this end, he uses documents from other regions of the Near East spanning from Egypt to Turkestan.
Can elites use cosmological imagery to sanction marital and slavery practices for their political aspirations? Can interactions between Late Antique legal systems be thought beyond “borrowings?” This work studies legal writings from the Zoroastrian, East Syrian, and Islamic traditions arguing that Late Antique matrimonial and slavery practices were significantly informed by cosmological imagery and repeatedly brought in line with the elites’ political aspirations. It suggests that these legal traditions should be thought in a shared epistemic framework to account for the changes and meaningfulness of legal concepts and institutions and cannot simply be reduced to a narrative of borrowings. Instead, this book shows that interactions between Late Antique legal systems were more complex and characterized by patterns of negotiation and competition mirroring the various entanglements of the Late Antique citizen’s life.
This volume of the peer-reviewed, open access Mizan: Journal for the Study of Muslim Societies and Civilizations presents several articles (and a provocative postscript) centering on the theme of “New Perspectives on Late Antique Iran and Iraq.” The articles featured here originated with a pair of conference panels convened in 2016. The first was held during the summer of 2016 at the Eleventh Biennial Iranian Studies Conference at the University of Vienna, August 2–5, 2016; the second followed in the fall of that year, convened during the 50th Anniversary Annual Meeting of the Middle East Studies Association held in Boston, November 17–20, 2016.
ToC – Touraj Daryaee: “How the Sasanians Saw the Late Antique World: A Persianate View of the Interconnectedness of Eurasia” – Isabel Toral-Niehoff: “Al-Ḥīra: An Arab Late Antique Metropolis in Sasanian Iraq” – Shai Secunda: “East LA: Margin and Center in Late Antiquity Studies and the New Irano-Talmudica” – Teresa Bernheimer: “The Revolt of Qaṭarī b. al-Fujāʿa (d. 79/698) and the Kharijite Revolts of Early Islamic Iran: Social Change between Late Antiquity and Early Islam” – Rahim Shayegan: “On Diachrony in Sasanian Studies” – Jason Mokhtarian: “Religious Polemics in Sasanian Writings” – Thomas Carlson: “The Long Shadow of Sasanian Christianity: The Limits of Iraqi Islamization to 950” – Mimi Hanaoka: “Authority and Identity in Early Medieval Persianate Islamic Historiography: Methologies for Reading Hybrid Identities and Imagined Histories”
The Twelver Shiʿite law of inheritance constitutes one of the most distinctive features of the legal system in comparison with Sunni law. Although there are major and even irreconcilable divergences between the Sunnite law of succession according to all four legal schools on the one hand and Twelver Shiʿite law on the other, no convincing explanations for this striking development within Islamic law itself, leading to two fundamentally distinct systems, have hitherto been put forward. The aim of this preliminary study is to call attention to several remarkable correspondences between the complex Iranian (Zoroastrian) law of succession, conceived to support the specific needs of aristocratic descent groups in the Sasanian period, and Twelver Shiʿite regulations, reflecting a very similar underlying concept of family ties and descent groups as a whole. The question is, whether these congruencies are purely coincidental or based on age-old social and traditional norms, which continued to be practised in the regions of the former Sasanian empire after the Islamic conquest. As Sasanian norms remained operative in customary law (now documented by Pahlavi legal documents from 8th century Tabarestān) during the formative period of Islamic law and the Sunnite regulations, being based to a large extent on pre-Islamic tribal law in Arabia, contrast sharply with the Shiʿite concept, it would be consistent to assume that certain precepts in the pre-Islamic Iranian system had an important impact on the development of the Twelver Shiʿite law of inheritance.
A lecture by Arash Zeini on the occasion of a meeting of Corpus Avesticum (CoAv), a European network of scholars aiming to create new and accessible editions of the Zoroastrian sacred texts.
Location: Institute of Iranian Studies, Freie Universität Berlin
Time: 16.06.2016, 18:00 – 20:00
Arash Zeini (PhD 2014, SOAS), is a scholar of Ancient Iranian and Zoroastrian philology, history and culture. His main research interests include the study of ancient Iran, Zoroastrianism, particularly the late antique exegesis of the Avesta, and aspects of digital humanities.
This volume contains the text of the five Ehsan and Latifeh Yarshater Distinguished Lectures on Iranian Studies, organized by the Unité Mixte de Recherche 7528 “Mondes iranien et indien”, and delivered in 2012 at the Collège de France in Paris.
It analyses cultural and social – as well as religious, economic, political and material aspects of endowments in Iran from the 14th century up to the present time. The five chapters cover various periods and are arranged chronologically along major themes: The institution of vaqf in early modern and contemporary Iran; Mystical endowments and religious endowments in fourteenth and fifteenth century Azerbaijan; Mashhad and its illumination vaqfs; Robes of honour conferred by Imam Reza; and Philanthropy, public education and nationalism in vaqf foundations of the Pahlavi period.
Vers une définition de l’institution du vaqf en Iran
Administration du vaqf et indépendance de l’institution
Le vaqf comme institution vivante
Vaqf et bonyād : un imbroglio idéologique
Manuels juridiques et vaqf : questions et réponses
II. Mouvements mystiques et fondations pieuses : les Kujujī et les Ṣafavides au 14e siècle
Les cheikhs Kujujī
L’histoire de Tabrīz et du nord-ouest de l’Iran au 14e siècle
La Kujujī Vaqfīye de 782h.q./1380
Le fondateur comme notable urbain dans les chroniques
Le fondateur poète
Le fondateur comme cheikh et mystique
III. Ville de lumière : Machhad et ses fondations d’illumination Fondations d’illumination à Machhad selon le «Paradis des histoires»
Le sanctuaire de l’Imam Reżā – origine, développement et administration
Le catalogue de Seyyed Hamadānī, «s̱ār al-rażavīye»
Les objectifs des fondations de l’Āstān-e Qods
L’administration des fondations d’illumination à l’époque qajare
Fondations d’illumination et introduction de l’éclairage électrique
IV. Robes d’honneur conférées par l’Imam Reżā
Robes d’honneur – la tradition des ḫelʿat
Pīškeš et ḫelʿat
Une collection des décrets émis par l’Āstān-e Qods
L’Āstān-e Qods-e Rażavī comme état semi-indépendant
V. Mécénat, instruction publique et nationalisme : Le vaqf à l’époque Pahlavi
Législation et l’administration des owqāf à l’époque Pahlavi
Les Fondations Malek
Les Fondations Doktor Maḥmūd Afšār
La Fondation Moqaddam à Téhéran et autres fondations hybrides
de l’époque Pahlavi
English summaries: Vaqf in Iran Cultural, Religious and Social aspects
I. The institution of vaqf in Iran
II. Mystical movements and pious foundations: the Kujujī and the
Ṣafavids in the 14th century
III. City of light: Mashhad and its illumination vaqfs
IV. Robes of honour conferred by Iman Reżā
V. Philanthropy, education and nationalism: vaqf in Pahlavi Iran
About the Author:
Christoph Werneris Professor of Iranian Studies at Center for Near and Middle Eastern Studies (CNMS) was established at the Philipps-University of Marburg.
Legal texts are among the more important sources for the reconstruction of the political and economic institutions, and cultural practices, of late antique Iran, as they considerably further our understanding of past social complexities that are decisively different than our own. This year’s Ehsan Yarshater Biennial Lectures shall provide a sweeping overview and detailed analysis of the principal fields of jurisprudence in Sasanian Iran (third to seventh centuries CE). The five lectures will be investigating the genesis of legal institutions that were instrumental in consolidating the social status of Sasanian élites, notably, the Zoroastrian clergy and the Iranian aristocracy.
Legal Sources and Instruments of Law
The opening lecture will provide an overview of the available legal material, dispersed in a great variety of sources, and discuss the many pitfalls Iranists encounter in reconstructing the Sasanian legal system.
Kinship Ties and Fictive Alliances
The second lecture examines questions pertaining to Family Law, in particular, the role of kinship ties that are of paramount importance in Sasanian jurisprudence. The lecture also elaborates on the significance of legal institutions within the context of marriage and succession.
Property and Inheritance
The third lecture explores the general concept of property, in particular,
how it gave rise to complex categories crucial to preserving the possessions of affluent élites, while ensuring that proprietary rights were preserved from one generation to the next.
Civil and Criminal Proceedings
The fourth lecture reviews the judicial system, the foundation upon which the privileges of the élites were built, and the position of religious minorities, the Jews and Christians, within the framework of the judiciary.
Sasanian Law and other Legal Systems
The final lecture discusses the impact of Iranian law on other important legal systems of the Near East, be it Rabbinic and Nestorian-Christian, or be it Islamic and especially Shi’ite, law.
This book explores the legal culture of the Parsis, or Zoroastrians, an ethnoreligious community unusually invested in the colonial legal system of British India and Burma. Rather than trying to maintain collective autonomy and integrity by avoiding interaction with the state, the Parsis sank deep into the colonial legal system itself. From the late eighteenth century until India’s independence in 1947, they became heavy users of colonial law, acting as lawyers, judges, litigants, lobbyists, and legislators. They de-Anglicized the law that governed them and enshrined in law their own distinctive models of the family and community by two routes: frequent intra-group litigation often managed by Parsi legal professionals in the areas of marriage, inheritance, religious trusts, and libel, and the creation of legislation that would become Parsi personal law. Other South Asian communities also turned to law, but none seems to have done so earlier or in more pronounced ways than the Parsis.
This book is based upon previously unexamined primary sources from archives rediscovered over the past decade: the Bombay High Court (Mumbai) and the Judicial Committee of the Privy Council (London) as well as takes case law seriously, while most work on South Asian legal history focuses on legislatio. It presents one of the first studies in South Asian legal history by a scholar trained both in law and in history.