{"title":"A Law One Hundred Years Young: The Interpretative Viability of the Ottoman Family Law in Palestine/Israel, 1917–2017","authors":"I. Shahar","doi":"10.1163/15685209-12341586","DOIUrl":"https://doi.org/10.1163/15685209-12341586","url":null,"abstract":"\u0000 The article aims at illustrating the “interpretative viability” of the Ottoman Family Code of 1917—i.e., its susceptibility to changing interpretations—and to discuss some of the interpretative tools that qāḍīs have applied to it over the years. By tracing the changing implementation of Article 130 of this law (nizāʿ wa-shiqāq) by sharīʿa courts in Palestine/Israel over a period of one hundred years (1917–2017), the article shows that the codification of the sharīʿa did not produce a closed, immutable, monolithic legal system, but rather has provided qāḍīs with considerable interpretative freedom—much more than is commonly assumed. Moreover, the hermeneutic tools employed by qāḍīs to interpret the code build on earlier, pre-codification sources of pluralism and interpretative freedom within the sharīʿa. Thus, by highlighting the continuities between pre-codified and post-codified sharīʿa, the article aims at contributing to the debate concerning the transformation of the sharīʿa in modern times.","PeriodicalId":45906,"journal":{"name":"Journal of the Economic and Social History of the Orient","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2022-11-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44629765","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"历史学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Rights of Subjects over the Kingdom: Situating the History of Rights in Early Modern South Asia","authors":"Hasan Zahid Siddiqui","doi":"10.1163/15685209-12341581","DOIUrl":"https://doi.org/10.1163/15685209-12341581","url":null,"abstract":"\u0000Eighteenth-century critics of the concept of Oriental Despotism understood rights to hold an important place in the governance of Muslim-ruled empires. In asking what we might make of this idea, this article examines a tradition of speaking about the “rights of subjects over the kingdom” in sultanic India from the late fourteenth century onwards. This tradition, drawing to a significant extent from the writings of ‘Ali Hamadānī (d. 1384), articulated normative rights of recipience for sultanic subjects, often embedded in an early Islamic imaginaire. Sketching several iterations of this tradition over five centuries, the article argues that while the critique of the concept of Oriental Despotism, in so far as it dealt with rights, would come to focus centrally on the question of property rights, there was another, less familiar rights tradition that was left thereby in the shadows.","PeriodicalId":45906,"journal":{"name":"Journal of the Economic and Social History of the Orient","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48298254","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"历史学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Codex Hammurabi 49–52 and the esip-tabal Contracts from Susa","authors":"Hossein Badamchi, G. Pfeifer","doi":"10.1163/15685209-12341580","DOIUrl":"https://doi.org/10.1163/15685209-12341580","url":null,"abstract":"\u0000The so-called esip-tabal contract is a particular type of agricultural transaction known from Codex Hammurabi and the Akkadian legal texts found in Susa. The Akkadian phrase esip-tabal is a statement made by the owner of the field to the other party, which is commonly understood to be a tenant. Modern scholarship first interpreted this contract as a lease. Later it was considered an antichretic loan, a loan in which the creditor takes over the debtor’s agricultural land as security. However, the place of this contract in the long-term history of law is still unknown and scholars have not made any analogies from other legal cultures. Using the methodology of comparative legal history, and drawing especially on Islamic law, this essay offers a new interpretation of the esip-tabal contract as a sale of future crops. The essay then discusses the rationale behind the contract and its possible continuity into later periods.","PeriodicalId":45906,"journal":{"name":"Journal of the Economic and Social History of the Orient","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44234103","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"历史学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Social Infrastructures, Military Entrepreneurship, and the Making of the Sultan’s Court in Fifteenth-Century Cairo","authors":"J. Van Steenbergen, M. Termonia","doi":"10.1163/15685209-12341583","DOIUrl":"https://doi.org/10.1163/15685209-12341583","url":null,"abstract":"This paper engages with the organization of the leadership of the Syro-Egyptian sultanate in the long ninth/fifteenth century, focusing particularly on the case of the court position of ‘the Chief Head of the [sultan’s] Guards’ (raʾs nawbat al-nuwab). It explores narrative source reports to identify the sultanate’s sixty ‘Chief Heads’ and to reconsider what they did in this capacity. Through the analytical categories of the court, social infrastructures and military entrepreneurialism, this paper furthers understandings of how these military leaders were all constitutive participants in the era’s complex processes of resource accumulation, violence-wielding, courtly reconfiguration, and state formation.","PeriodicalId":45906,"journal":{"name":"Journal of the Economic and Social History of the Orient","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43263091","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"历史学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Divorce from Missing Husbands: Rizaeddin Fakhreddin and Reform Within Islamic Tradition in Imperial Russia","authors":"R. Garipova","doi":"10.1163/15685209-12341582","DOIUrl":"https://doi.org/10.1163/15685209-12341582","url":null,"abstract":"\u0000In the late nineteenth and early twentieth century,1 Muslim communities in different parts of the world faced a common problem—women’s inability to obtain divorce after their husbands went missing. These women, deprived of provision (nafaqa), could neither sustain themselves financially nor remarry. In response to this situation, Muslim scholars, in their respective communities (Egypt, Ottoman Syria, British India and the Russian empire), produced legal decisions (fatwas) to facilitate women’s divorce. This paper focuses on the responses of Russia’s Islamic scholars to this problem which were collected and published by a prominent religious scholar of the Volga-Urals, Rizaeddin Fakhreddin. Among Volga-Ural Muslims, this problem was entangled with the question of religious authority under Russian imperial rule. I argue that since Russia’s legal pluralism and institutionalization of the ‘ulama under the Orenburg Muslim Spiritual Assembly were the main reasons behind the inability to solve the problem of women’s divorce from missing husbands, Fakhreddin initiated this collective deliberation as a preliminary attempt to resolve a legal issue through the consensus (ijmā‘) of legal experts within the framework of the OA. Finding a solution to the problem faced by the wives of missing husbands was inseparable from the question of the transformation of Islamic religious authority under imperial rule.","PeriodicalId":45906,"journal":{"name":"Journal of the Economic and Social History of the Orient","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43677988","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"历史学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"A Hebrew Letter on Papyrus and Its Contexts: Oxford MS Heb.d.69(P)","authors":"Amit Gvaryahu","doi":"10.1163/15685209-12341579","DOIUrl":"https://doi.org/10.1163/15685209-12341579","url":null,"abstract":"\u0000This article is a new reading of a Hebrew letter, Oxford MS Heb.d.69(P), written on papyrus and dated tentatively by scholars to the 6th century. The article begins with a new edition of the letter, first published in 1903, its first translation into English, a discussion of its language and epistolary conventions, including layout, script, and formulary. In the letter, written by the scribe Isi, the lender Lazar describes to Jacob the borrower the history of their contract, and the former’s attempts to collect, and demands payment. I discuss the currency mentioned in this description, the terms of the loan, and the rate of interest it reflects. The article ends with a discussion of the broader usefulness of this letter for the economic and social history of Jewish provincials in Byzantine Egypt.","PeriodicalId":45906,"journal":{"name":"Journal of the Economic and Social History of the Orient","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48281385","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"历史学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Chan Wang, Leopoldo N Segal, Jiyuan Hu, Boyan Zhou, Richard Hayes, Jiyoung Ahn, Huilin Li
{"title":"Microbial Risk Score for Capturing Microbial Characteristics, Integrating Multi-omics Data, and Predicting Disease Risk.","authors":"Chan Wang, Leopoldo N Segal, Jiyuan Hu, Boyan Zhou, Richard Hayes, Jiyoung Ahn, Huilin Li","doi":"10.1101/2022.06.07.495127","DOIUrl":"10.1101/2022.06.07.495127","url":null,"abstract":"<p><strong>Background: </strong>With the rapid accumulation of microbiome-wide association studies, a great amount of microbiome data are available to study the microbiome's role in human disease and advance the microbiome's potential use for disease prediction. However, the unique features of microbiome data hinder its utility for disease prediction.</p><p><strong>Methods: </strong>Motivated from the polygenic risk score framework, we propose a microbial risk score (MRS) framework to aggregate the complicated microbial profile into a summarized risk score that can be used to measure and predict disease susceptibility. Specifically, the MRS algorithm involves two steps: 1) identifying a sub-community consisting of the signature microbial taxa associated with disease, and 2) integrating the identified microbial taxa into a continuous score. The first step is carried out using the existing sophisticated microbial association tests and pruning and thresholding method in the discovery samples. The second step constructs a community-based MRS by calculating alpha diversity on the identified sub-community in the validation samples. Moreover, we propose a multi-omics data integration method by jointly modeling the proposed MRS and other risk scores constructed from other omics data in disease prediction.</p><p><strong>Results: </strong>Through three comprehensive real data analyses using the NYU Langone Health COVID-19 cohort, the gut microbiome health index (GMHI) multi-study cohort, and a large type 1 diabetes cohort separately, we exhibit and evaluate the utility of the proposed MRS framework for disease prediction and multi-omics data integration. In addition, the disease-specific MRSs for colorectal adenoma, colorectal cancer, Crohn's disease, and rheumatoid arthritis based on the relative abundances of 5, 6, 12, and 6 microbial taxa respectively are created and validated using the GMHI multi-study cohort. Especially, Crohn's disease MRS achieves AUCs of 0.88 ([0.85-0.91]) and 0.86 ([0.78-0.95]) in the discovery and validation cohorts, respectively.</p><p><strong>Conclusions: </strong>The proposed MRS framework sheds light on the utility of the microbiome data for disease prediction and multi-omics integration, and provides great potential in understanding the microbiome's role in disease diagnosis and prognosis.</p>","PeriodicalId":45906,"journal":{"name":"Journal of the Economic and Social History of the Orient","volume":"46 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9196107/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86646267","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"历史学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Melaka Sultanate, c.1400–1528","authors":"Peter Borschberg","doi":"10.1163/15685209-12341570","DOIUrl":"https://doi.org/10.1163/15685209-12341570","url":null,"abstract":"\u0000 The Melaka Sultanate spans a period of around one to one and a half centuries, from its supposed founding by the fugitive prince Parameswara around 1360–1400 until the year 1528, when the two sons of the last Sultan of Melaka Mahmud I founded the successor polities of Perak and Johor. The key to understanding Melaka’s history is to focus on the synergies forged by the rulers and the grandees with local and foreign actors, and to appreciate the mutual but malleable relationships maintained by the ruler (sultan) with his subjects and followers. In its heyday Melaka served as one of the crucial procurement, trans-shipment, and commercial centres in the maritime trading world of the Malay Peninsula and Sumatra. Its fame reached as far as North and East Africa in the West, and China and Ryukyu in the East. At its height it exerted political, economic and cultural influence over much of the Malay Peninsula, parts of Eastern Sumatra and the Riau Archipelago.","PeriodicalId":45906,"journal":{"name":"Journal of the Economic and Social History of the Orient","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2022-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47766407","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"历史学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Introduction: Asian Maritime Networking Centered in Fifteenth Century Melaka","authors":"Kenneth R. Hall","doi":"10.1163/15685209-12341569","DOIUrl":"https://doi.org/10.1163/15685209-12341569","url":null,"abstract":"\u0000 This introductory chapter and those that follow in this issue of JESHO celebrate the 500th anniversary of the c.1400–1511 strategic Melaka port-of-trade based Sultanate that controlled the Straits of Melaka maritime passageway connecting the Western and Eastern Indian Oceans to the China and Java Seas and beyond in eastern Asia until the Portuguese seizure of Melaka in 1511. As such, these studies update prior JESHO publications that have addressed Melaka’s history since the Journal’s inception.","PeriodicalId":45906,"journal":{"name":"Journal of the Economic and Social History of the Orient","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2022-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47943230","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"历史学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Fifteenth-Century Melaka’s Networked Ports-of-Trade and Maritime Diasporas in the Bay of Bengal and Western Indian Ocean","authors":"Kenneth R. Hall","doi":"10.1163/15685209-12341573","DOIUrl":"https://doi.org/10.1163/15685209-12341573","url":null,"abstract":"\u0000 Internationally Western scholars have emphasized the importance of pre-fifteenth-century Western and Eastern Indian Ocean, South Asian, Bay of Bengal, South China; regional Java and wider Southeast Asia commercial, landed, maritime, and societal networking; and Islamic, Hindu, Theravada and Mahayana Buddhism. Notably where there were upstream agrarian hinterlands of early historical Southeast Asia polities, royal courts, temples, cultural centers, and traditional farming were relocated in the vulnerable regional downstream coastal ports-of-trade. This essay recenters the discussion of the changing role of Melaka’s trade ports and their engagement with maritime based trade as conducted by various regional populations.","PeriodicalId":45906,"journal":{"name":"Journal of the Economic and Social History of the Orient","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2022-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43330145","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"历史学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}