نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسنده English
Context & Objective: This article explores The Arabian Nights through the lens of Islamic legal culture, focusing on the intersection of law, society, and storytelling. The study investigates how the tales depict core aspects of family law, including marriage contracts, divorce (particularly khulʿ), and inheritance, and addresses how divine law (Sharīʿa) interacts with local custom (ʿurf). The primary research question examines how these narratives foreground issues of justice, moral authority, and the limitations of human courts.
Method & Approach: Applying a law-and-literature approach to Haddawy’s 1990 translation of the fourteenth-century Syrian manuscript, the study analyzes legal elements as culturally embedded discourses rather than direct historical evidence.
Findings: Analyzing tales such as “The Tale of the Three Apples,” “The Story of Prince Camaralzaman and Princess Budur,” and “The Tale of the Hunchback,” the study finds that legal themes are not peripheral, but serve as central narrative drivers. The tales reflect the historical tension between formal legal ideals and messy social realities in medieval Islamic societies, actively critiquing judicial corruption, gender inequality, and the politicization of justice. Furthermore, the narratives effectively functioned as popular legal education, transmitting ethical norms to diverse audiences.
Conclusion: The Arabian Nights offers a sustained meditation on the possibilities and moral imperatives of justice in an imperfect world. The study concludes that popular narratives were vital vehicles for receiving, contesting, and transmitting legal norms outside formal scholarly institutions. This broadens the evidentiary base for Islamic legal historiography and demonstrates that popular literature played a critical role in shaping legal consciousness.
واژگان کلیدی English