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In the case of slaves, as with other individuals, there is no specific chapter in mediaeval Islamic legal texts that says what a slave is, but their authors define the limits of their capacity to act, their rights and their obligations in many different ways: in prohibitions, recommendations, legal...
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| Main Author: | |
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| Format: | Article |
| Language: | Spanish |
| Published: |
Casa de Velázquez
2004-11-01
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| Series: | Mélanges de la Casa de Velázquez |
| Subjects: | |
| Online Access: | https://journals.openedition.org/mcv/1350 |
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| Summary: | In the case of slaves, as with other individuals, there is no specific chapter in mediaeval Islamic legal texts that says what a slave is, but their authors define the limits of their capacity to act, their rights and their obligations in many different ways: in prohibitions, recommendations, legal instances, etc. One such method is by analogy: mediaeval Islamic jurists established comparisons between groups of individuals which today are most useful in tracing outlines of the various different legal personae. In their analyses of the different matters of law, these texts compare slaves with free individuals, animals, and very often with minors. This study focuses on a comparison of the legal status of a slave with that of a minor as these are reflected in Maliki sources of legal regulation. |
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| ISSN: | 0076-230X 2173-1306 |