The Convergence of Judaism and Islam. Religious, Scientific, and Cultural Dimensions

The Case of the Kuhlānī Synagogue in San ̔ā’, 1933–1944 r 127

First, a few words are in order about the legal system in San ̔ā’ in the

first half of the twentieth century and the Jews’ place within it. Faced with

numerous Arab uprisings against their rule over Yemen, the Turks, who

had ruled since 1872, capitulated their legal authority in the 1911 Treaty

of Da ̔ ̔ān. They ceded the application of Sharī ̔ah and the right to ap-

point judges to the reigning Zaydī imām, Yahyā Hamīd al-Dīn (d. 1948),

in the (northern) region of Yemen where Zaydīs were the majority.^2 In

1918 Imām Yahyā entered the city, bringing Turkish rule over San ̔ā’ to an

end. Three Sharī ̔ah courts were established in San ̔ā’, as well as a court

at the imām’s residence that was overseen by a judge. Muslims were able

to choose the judge before whom they wished to present their case. One

of the judges was responsible for cases involving Jews, in addition to his

regular duties. Above these four courts sat a court of appeals (mahkamat

al-isti ̔nāf). Highest of all was the High Council (al-majlis al- ̔ālī’ consist-

ing of seven judges.^3 Imām Yahyā, in theory at least, was the ultimate legal

authority.

Jews’ appearance as claimants in Sharī ̔ah courts predated these twen-

tieth-century developments. In the eighteenth and nineteenth centuries,

Yemeni rabbis railed against Jews who took recourse to Muslim courts

because it undermined their own authority. They also regarded it as a

sin.^4 Nevertheless, Yemeni Jews brought many of their disputes to Mus-

lim courts, even those involving only Jews.^5 Engaging in “forum-shop-

ping,” they brought their disputes to the courts that offered the highest

likelihood of success. For example, Jewish women, faced with inheriting

nothing under halakhah, turned to Muslim courts, where they inherited

half as much as men.^6 Jewish divorce cases in Yemen routinely involved

Table 8.1. The Case of the Kuhlānī Synagogue

Plaintiff: Sālih b. Yahyā Sālih Defendant: R. Yūsuf Sālih
(plaintiff’s cousin)
Claim: The synagogue is private property The synagogue is public property
Legal representation: R. ̔Amram Qorah Ahmad al-Hādirī R. Sālim Sa ̔īd al-Jamal
Jewish supporters: The majority of the Jewish community Reformist faction (anti-kabbalah)
(pro-kabbalah)
Muslim supporters: Sharī ̔ah court judges, rank-and- Imām Yahyā
file Muslims

Note: Muslim Judges: Lutf al-Zubayrī, Husayn Abū Tālib, Husayn al- ̔Amrī, and Imām Yahyā.