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In A Common Justice Uriel I. Simonsohn examines the legislative response of Christian and Jewish religious elites to the problem posed by the appeal of their coreligionists to judicial authorities outside their communities. Focusing on the late seventh to early eleventh centuries in the region between Iraq in the east and present-day Tunisia in the west, Simonsohn explores the multiplicity of judicial systems that coexisted under early Islam to reveal a complex array of social obligations that connected individuals across confessional boundaries. By examining the incentives for appeal to external judicial institutions on the one hand and the response of minority confessional elites on the other, the study fundamentally alters our conception of the social history of the Near East in the early Islamic period.Contrary to the prevalent scholarly notion of a rigid social setting strictly demarcated along confessional lines, Simonsohn's comparative study of Christian and Jewish legal behavior under early Muslim rule exposes a considerable degree of fluidity across communal boundaries. This seeming disregard for religious affiliations threatened to undermine the position of traditional religious elites; in response, they acted vigorously to reinforce communal boundaries, censuring recourse to external judicial institutions and even threatening transgressors with excommunication.

Legal polycentricity --- Conflict of laws --- Conflict of laws (Islamic law) --- Conflict of laws (Canon law) --- Conflict of laws (Jewish law) --- Bijuralism --- Legal pluralism --- Pluralism, Legal --- Polycentric law --- Polycentricity, Legal --- Law --- Choice of law --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Islamic law --- Canon law --- Jewish law --- History. --- Jurisdiction --- Civil law --- Ancient Studies. --- Law. --- Medieval and Renaissance Studies. --- Religion. --- Religious Studies.

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This book deals with an Ayyūbid-Mamlūk Egyptian jurist's attempt to come to terms with the potential conflict between power, represented in the state, and authority, represented in the schools of law, particularly where one school enjoys a privileged status with the state. It deals with the history of the relationship between the schools of law, particularly in Mamlūk Egypt, in the context of the running history of Islamic law from the formative period during which ijtihād was the dominant hegemony, into the post-formative period during which taqlīd came to dominate. It also deals with the internal structure and operation of the madhhab, as the sole repository of legal authority. Finally, the book includes a discussion of the limits of law and the legal process, the former imposing limits on the legal jurisdiction of the jurists and the schools, the latter imposing limits on the executive authority of the state.

Constitutional law (Islamic law) --- -Islam and state --- -Islamic law --- Civil law (Islamic law) --- Law, Arab --- Law, Islamic --- Law in the Qurʼan --- Sharia (Islamic law) --- Shariʻah (Islamic law) --- Law, Oriental --- Law, Semitic --- Mosque and state --- State and Islam --- State, The --- Ummah (Islam) --- Islamic law --- History --- History. --- Qarafi, Ahmad ibn Idris --- Islam and state --- Conflict of laws (Islamic law) --- Judicial process (Islamic law) --- Qarāfī, Aḥmad ibn Idrīs, --- Aḥmad ibn Idrīs al-Qarāfī, --- Qarāfī, Shihāb al-Dīn, --- Shihāb al-Dīn al-Qarāfī, --- أحمد بن إدريس القرافي --- القرافي، أحمد بن ادريس، --- شهاب الدين ابو العباس الصنهاجي البهنسي القرافي --- قرافي، أحمد بن ادريس --- قرافي، أحمد بن ادريس، --- قرافي، احمد بن ادريس، --- Aḥmad ibn Idrīs al-Qarāfī al-Mālikī, --- Mālikī, Shihāb al-Dīn al-Qarāfī, --- Shihāb al-Dīn al-Qarāfī al-Mālikī, --- Islamic law. --- Qarāfī, Ahmad ibn Idrīs,