Specific Aspects of Coexistence among Jews and Muslims in Medieval Spain: Between iura propria and ius commune

Abstract

This contribution is not a sociological, theological or religious study, nor does it intend to cover the total developmental framework of legal relations among Jews, Muslims and Christians in the kingdoms of medieval Spain. What I intend to focus on, as stated in the title, are specific aspects of the coexistence among Jews and Muslims in medieval Spain with regard to individual and communal rights. In other words, I attempt to analyze the treatment of these groups within the legal framework of the common law system. Naturally, it is necessary to examine the canonical legislation to this effect and to verify whether the medival kingdoms recognized or disregarded individual rights. When I speak of individual rights, I am referring to the legislation of the king, in other words, to court ordinances and municipal charters. Moreover, I consider it necessary to select which issues will be dealt with, since this is not an exhaustive investigation, but instead a study that allows us to see the common law in its entirety as a framework for Jewish, Christian and Muslim behavior. Thus, it is not necessary and would be superfluous to analyze all of these behaviors. For this reason, I chose to focus on some of those that form the basis of Title VI of the Decrees of Gregory IX (1234). It is entitled ‘The Jews, Muslims and their slaves’ and consists of nineteen chapters. The choice is based on the fact that they reflect what was normal coexistence among the three groups, the points of moderation and the points of intolerance, which are also those that appear to be fundamentally contemplated in the daily life application of individual rights.