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Zaydi Fiqh and Its Political Dimension: The Forced Conversion of Jewish Orphans as a Symptom of Insurgency against the Qāsimid State?
Abstract
The so-called “orphan’s decree’ has been discussed in research related to the Jews of Yemen, especially concerning twentieth century Jewish-Yemeni sources, that refer to the practice of forced conversion of Jewish minor orphans to Islam and their removal (nazʿ) from their remaining family environment. Although this occurred during the reign of al-Mutawakkil Yaḥyā Ḥamīd al-Dīn (r. 1904-1948), he is not mentioned as a driving force; rather, he seems to have been challenged through it, by not clearly identified actors from within the Zaydi spectrum. This paper sheds light on the Islamic-legal background of this practice, focussing on a particular passage from the Sharḥ al-Azhār (Ibn Miftāḥ, d. 877/1472), and two fatwas from late 18th/early 19th century Yemen that refer to the practice of Imam Sharaf al-Din Yaḥyā (d. 965/1558) as precedent. Following the question of what it means, in political terms, to revive a practice attributed to Imam Sharaf al-Din, in theory or practice, this paper seeks to identify the Zaydī subgroup supporting this practice and its political positioning within the Qāsimī and Mutawakkilī political context.
Discipline
Interdisciplinary
Geographic Area
Yemen
Sub Area
None