2014
DOI: 10.1017/s0738248014000443
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An Uncertain Inheritance: The Imperial Travels of Legal Migrants, from British India to Ottoman Iraq

Abstract: Like many nineteenth-century travelers, Iqbal al-Daulah, a cousin of the Nawab of the Indian princely state of Awadh, navigated multiple legal systems as he migrated across Asia, Europe, and the Middle East. Living through the absorption of Awadh into the expanding British Empire, he eventually joined a community of Indian Shias in Ottoman Iraq, who regularly used British consular courts. While still in India, Iqbal al-Daulah composed a tribute in Persian and English to British justice. He described British co… Show more

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Cited by 13 publications
(5 citation statements)
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“…The resulting legal system, while in many respects “illegible” to those rulers, was also capable of responding much more efficiently to emergent threats. Similar strategies have been observed in other contexts where weak rulers have sought to regulate Islamic law (Benton ; Stephens ). In such cases, the intertwining of state and non‐state law creates new avenues through which political power may assert itself.…”
Section: Focus Of the Special Issuesupporting
confidence: 60%
“…The resulting legal system, while in many respects “illegible” to those rulers, was also capable of responding much more efficiently to emergent threats. Similar strategies have been observed in other contexts where weak rulers have sought to regulate Islamic law (Benton ; Stephens ). In such cases, the intertwining of state and non‐state law creates new avenues through which political power may assert itself.…”
Section: Focus Of the Special Issuesupporting
confidence: 60%
“…But, for that very reason, the converse is true as well: a lack of codification and standardization can also benefit the state. This sort of jurisgenesis has been observed by scholars studying the effects of colonialism on Muslim‐majority contexts (Benton ; Stephens ), but most of this work focuses on the phenomenon as it pertains to secular law, not shari‘a. In part, this may be because such jurisgenesis contradicts the widely shared assumption, articulated most forcefully by James Scott (), that modern states acquire their distinctive brand of power through the standardization of social life.…”
Section: Islamic Law and The Jurisprudence Of Hybriditymentioning
confidence: 86%
“…And for those working in colonial legal history, the multivocality of law has long been at the core of the intellectual endeavor. Legal historians of South Asia, for example, have pointed out how Muslims in British India drew on a variety of discourses and mobilized a range of different strategies to make claims to the realm of law, both Islamic and customary (De, ; Kozlowski, ; Stephens, ; Stephens, ). Work on British and Dutch Southeast Asia, too, has shed light on how Muslim actors postured, translated, and otherwise entangled themselves in multiple legal systems as they litigated over wealth and property (Gilsenan, ; Yahaya, ).…”
Section: Reflections On Law and Economic Life In The Islamic Worldmentioning
confidence: 99%