Minas en colecciones de fetuas y casos jurídicos del Occidente islámico (ss. XII-XVI d.C.) : el problema de la propiedad de los yacimientos mineros
[EN] Written evidence on mines and mining for the Islamic medieval west is very scarce. Muslim jurists ellaborated a corpus of jurisprudence on the subject focusing mainly on fiscality and mines’ ownership. This doctrine, however, is too general for students to apply it to specific contexts and addr...
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| Tipo de documento: | artigo |
| Estado: | Versão publicada |
| Data de publicação: | 2010 |
| País: | España |
| Recursos: | Consejo Superior de Investigaciones Científicas (CSIC) |
| Repositório: | DIGITAL.CSIC. Repositorio Institucional del CSIC |
| OAI Identifier: | oai:dnet:digitalcsic_::7002579b8254a982621c308fa99f8b5e |
| Acesso em linha: | http://hdl.handle.net/10261/425800 |
| Access Level: | Acceso aberto |
| Palavra-chave: | Mines Islamic law Ibn Rushd al-Jadd Ibn al-Hajj Ibn 'Arafa Minas Derecho islámico Ibn Rushd al-Yadd Ibn al-Hayy |
| Resumo: | [EN] Written evidence on mines and mining for the Islamic medieval west is very scarce. Muslim jurists ellaborated a corpus of jurisprudence on the subject focusing mainly on fiscality and mines’ ownership. This doctrine, however, is too general for students to apply it to specific contexts and addresses questions such as how mines were actually exploited, who worked in the mines and under which conditions. It was thus imperative to search for additional information in collections of fatwàs of the Islamic medieval west, which are abundant and the value of which as sources for social and economic history is well known. So far I have managed to collect six fatwas, four of them in a still unpublished source. Such a tiny result is strange, specially if we assume that mining must have been a relevant activity in medieval monetary economies. On the other hand, other important economic activities such as agriculture, trade, handicrafts, and stockbreeding are relatively well represented in the sources under scrutiny. Be that as it may, the six fatwas —which I translate in to Spanish in the Appendix —provide very interesting data on the difference between legal doctrine and practice as regards mines’ ownership and mines’ production on two specific local and temporal spaces: al- Andalus in the Almoravid period and Tunis in the Hafsid period |
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