Suchergebnisse

Tunis (1805-1859) -- Financial trouble (1859-1864) -- Tunis to Paris (1864-1868) -- Paris to Livorno (1868-1873) -- Heirs Apparent (1873) -- Conte Samama the Italian -- Qā'id Nissim the Tunisian -- Rav Nissim the Jew -- Lucca to Florence (1880-83) -- Descendants (1883-1945) -- Epilogue : legal belonging, past and present.

How a nineteenth-century lawsuit over the estate of a wealthy Tunisian Jew shines new light on the history of belongingIn the winter of 1873, Nissim Shamama, a wealthy Jew from Tunisia, died suddenly in his palazzo in Livorno, Italy. His passing initiated a fierce lawsuit over his large estate. Before Shamama's riches could be disbursed among his aspiring heirs, Italian courts had to decide which law to apply to his estate-a matter that depended on his nationality. Was he an Italian citizen? A subject of the Bey of Tunis? Had he become stateless? Or was his Jewishness also his nationality? Tracing a decade-long legal battle involving Jews, Muslims, and Christians from both sides of the Mediterranean, The Shamama Case offers a riveting history of citizenship across regional, cultural, and political borders.On its face, the crux of the lawsuit seemed simple: To which state did Shamama belong when he died? But the case produced hundreds of pages in legal briefs and thousands of dollars in lawyers' fees before the man's estate could be distributed among his quarrelsome heirs. Jessica Marglin follows the unfolding of events, from Shamama's rise to power in Tunis and his self-imposed exile in France, to his untimely death in Livorno and the clashing visions of nationality advanced during the lawsuit. Marglin brings to life a Dickensian array of individuals involved in the case: family members who hoped to inherit the estate; Tunisian government officials; an Algerian Jewish fixer; rabbis in Palestine, Tunisia, and Livorno; and some of Italy's most famous legal minds.Drawing from a wealth of correspondence, legal briefs, rabbinic opinions, and court rulings, The Shamama Case reimagines how we think about Jews, the Mediterranean, and belonging in the nineteenth century

"Morocco went through immense upheaval in the nineteenth and early twentieth centuries. Through the experiences of a single Jewish family, Jessica Marglin charts how the law helped Jews to integrate into Muslim society-until colonial reforms abruptly curtailed their legal mobility. Drawing on a broad range of archival documents, Marglin expands our understanding of contemporary relations between Jews and Muslims and changes the way we think about Jewish history, the Middle East, and the nature of legal pluralism."--

Abstract: This article explores the transformation of Jewish law in the French colonial Maghrib (late nineteenth century to mid-twentieth century). Drawing primarily on Jewish newspapers in French and Judeo-Arabic and responsa in Hebrew, it explores how the perception and practice of Jewish law shifted in Morocco, Algeria, and Tunisia. First, westernizing Jews came to think about Jewish law through the lens of French law. The status of women under Jewish law became a particular concern for many self-styled modernizers, though of course questions about women's rights were never absent from rabbinically oriented discourse. Second, Jewish law was nationalized—that is, authorities made efforts to both standardize and modernize Jewish law in a national mode, creating a Moroccan Jewish law, a Tunisian Jewish law, etc. Third, the elevation of Jewish law to a national, state-sanctioned jurisdiction imposed on all Jews—regardless of whether they believed or even whether they had converted out of Judaism—posed thorny legal problems. The legal history of Jews in twentieth-century North Africa offers an opportunity to rethink both the engagement of Jewish law with the state and the emergence of new ways of understanding Judaism and Jewish identity in the modern Middle East.

Years of Glory: Nelly Benatar and the Pursuit of Justice in Wartime North Africa, by Susan Gilson Miller. Stanford, CA: Stanford University Press, 2021. 248 pages. $30.

This article uses a single, transnational legal case that played out between Italy and Tunisia in the 1870s and 1880s to tell a truly global history of international law—that is, one that goes beyond the boundaries of the West. Samama v. Samama was a fabulously complicated case that dragged on in Italian courts for almost a decade. The crux of the legal arguments concerned the nationality of Nissim Samama, a Jew born in Tunis; Samama's nationality, in turn, would determine which legal system regulated his estate. The Italian civil code enshrined respect for the national law of a foreigner, but such foreigners were presumed to be Western. A case involving the national law of Tunisia and the status of Jews called the very foundations of the international legal system into question. In putting Samama's nationality on trial, the case opened up debate over fissures in the emerging theory of international law: How could non-Western states like Tunisia fit into an international legal order? How did Islamic law intersect with international law? What was the status of Jewish nationhood in a world increasingly based on exclusive nationalities? The Samama case offers access to the voices of European international lawyers debating the ambiguities of their field, as well as those of Maghrebis articulating their own vision of international law. The resulting arguments exposed tensions inherent to an international legal system uncomfortably balanced between universalism and Western particularism.

RésumésCet article emploie la microhistoire d'une affaire transnationale qui se déroulait entre l'Italie et la Tunisie pendant les années 1870 et 1880 pour éprouver le droit international grâce à une approche qui va au-delà des frontières de l'Occident. L'affaireSamama contre Samamaprésente un litige fort compliqué, examiné par les cours de justice italiennes pendant près d'une décennie. La principale difficulté du procès concernait la nationalité de Nissim Samama, un juif né à Tunis, et, partant, l'ordre juridique qui pouvait décider de sa succession. Le Code civil italien promettait de respecter les droits nationaux des ressortissants étrangers, mais ces derniers étaienta prioriconsidérés comme occidentaux uniquement. Or une affaire où il était question à la fois du droit tunisien et du statut des juifs interrogeait les fondements mêmes de l'ordre juridique international. En portant devant les tribunaux le problème de la nationalité de Samama, le procès dévoilait plusieurs failles et tensions au sein des théories émergentes du droit international : comment des États non occidentaux tels que la Tunisie pouvaient-ils s'intégrer dans l'ordre juridique international naissant ? Comment le droit international envisageait-il le droit musulman ? Quel était le statut de la nation juive dans un monde de nationalités de plus en plus exclusives ? Les actes d'un tel procès permettent de prendre la mesure des débats et des réflexions entre les spécialistes de droit international sur les ambiguïtés propres à leur discipline. De même, ils donnent un accès privilégié à la façon dont les Maghrébins concevaient le droit international. Les controverses qui en résultent mettent au jour les tensions inhérentes à un droit international qui ne cesse d'hésiter alors entre particularisme occidental et universalisme.

AbstractThis article begins from the premise that the margins can shine light on the center, and uses the experience of Jews (thought of as marginal in the Islamic world) in Moroccan courts (similarly thought of as marginal in Islamic history) to tell a new story about orality and writing in Islamic law. Using archival evidence from nineteenth-century Morocco, I argue that, contrary to the prevailing historiography, written evidence was central to procedure in Moroccan shari'a courts. Records of nineteenth-century lawsuits between Jews and Muslims show that not only were notarized documents regularly submitted in court, but they could outweigh oral testimony, traditionally thought of as the gold standard of evidence in Islam. The evidentiary practices of Moroccan shari'a courts are supported by the jurisprudential literature of the Mālikī school of Sunni Islam, the only one prevalent in Morocco. These findings have particular relevance for the experience of non-Muslims in Islamic legal institutions. Scholars have generally assumed that Jews and Christians faced serious restrictions in their ability to present evidence in shari'a courts, since they could not testify orally against Muslims. However, in Morocco Jews had equal access to notarized documents, and thus stood on a playing field that, theoretically at least, was level with their Muslim neighbors. More broadly, I explore ways in which old assumptions about the relationship of the written to the oral continue to pervade our understanding of Islamic law, and call for an approach that breaks down the dichotomy between writing and orality.

AbstractAfter France's 1830 invasion of Algeria, Algerians residing outside of the new French colony could potentially be considered French subjects. A number of Moroccans, eager to partake of the legal and financial advantages of foreign nationality, crossed the border into Algeria and obtained documentation falsely attesting to their Algerian origins; they then returned to Morocco, where they convinced French consular authorities to register them as French subjects. This article uses the story of one such pseudo-Algerian, Masʿud Amoyal, to explore the phenomenon of Moroccans who assumed the legal identities of Algerians. In Morocco and elsewhere in the Middle East, the responses of individuals like Amoyal to new legal categories created by European colonization point to the importance of expanding colonial historiography beyond the borders of imperial states. Examining the strategies of pseudo-Algerians in Morocco demonstrates the value of a transnational approach for understanding the full impact of European imperialism.

Intro -- Title Page -- Copyright -- Contents -- Acknowledgments -- Introduction: Jewish History in the Mediterranean, the Mediterranean in Jewish History -- 1. Globalization or Culture: The Ancient Jews and the Mediterranean -- 2. The New Melting Pot? Mediterraneanism and the Study of Jewish History -- 3. Can We Speak of a Geographical Axis in Medieval Jewish Culture? -- 4. Jews and the Early Modern Mediterranean Slave Trade -- 5. Religious Boundaries in Italy during an Era of Free Trade, 1550-1750: The Case of Livorno -- 6. A Father's Consolation: Intracultural Ties and Religion in a Trans-Mediterranean Jewish Commercial Network -- 7. Soap and the Making of a Short-Distance Network in the Nineteenth-Century Adriatic -- 8. A Guide to the Jewish Mediterranean: Le Guide Sam and the Shaping of an Interwar Mediterranean Diaspora -- 9. A New Myth of Coexistence? The Jewish Mediterranean Dream and the Three Ages of Nostalgia -- Index -- About the Authors.