Maronite law and the application of Sharia law under Shehab rule

We quote here two texts showing that the Maronites made do with some of the provisions in Islamic Sharia law for some transactions during the Shihab emirship.

The first text transcribes a decision from the Maronite synod of 1744 (cf. Assaf Joseph G The introduction of Islamic law in Lebanon in Al Manarat 8 (1937) 45 (translation from the Arabic was by the author of this course)

« We have come to the agreement that each bishop should judge in his own diocese and none of us can judge in another diocese other than by permission of its incumbent. And the books according to which we judge are abridged version of the law and précis of jurisprudence (fatwas) by our brother Bishop Abdallah (Quara'li). If any of us felt the need to obtain a second opinion to dispense justice, he should provide the party with a power of attorney. Decreed on 19th of July of the year 1744. »

RAnswer from the Sacrae Congregationis de Propaganda Fide Memoria Rerum to Maronite Patriarch Youssef Tyan on 7 May 1803, cf. Ziadeh Youssef, Maronite law and its relation to Roman law, Jounieh 1929, p.63 (translation from the Arabic was by the author of this course).

« The Christians have a duty to respect (Islamic) national law as long as it goes in no way against good tradition and this first because they are governed (by Muslim princes) and second in reason of equity between subjects of the same nation. That is why they must observe this rule when ruling in civil courts. »

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