The Mudejars and the Local Courts: Justice in Action
Indiana University at South Bend
Beginning in 1269, the Mudejars—the conquered Muslims of Cocentaina—often appeared before the local justiciar or chief Christian judicial officer as plaintiffs and defendants in cases involving both Christians and other Muslims. This article examines whether the local justiciars decided cases involving Mudejars according to Islamic law, as the surrender treaties dictated, or according to Christian law. It also explores why the Mudejars themselves often brought civil and criminal cases against Christians and Muslims to the court of the justiciar. The author argues that this is not a simple case of Christian encroachment on Mudejar privileges. Instead, the surviving court records show that Mudejars sought Christian courts whenever it was advantageous to their case. After all, Christian justiciars had broader powers than the qadis or Muslim judges. Moreover, while their cases were heard in Christian court, the Mudejars did not hesitate to ask the justiciar to consult with the qadi to ensure that the decision followed Islamic law. Mudejar conduct in Christian courts in the late thirteenth century illustrate that the Mudejars of Coentaina were not a passive, impoverished group of people, but one that actively sought any means necessary to demand justice.