130 · Bat-Zion Eraqi Klorman
Furthermore, Jews frequently sought justice within the tribal institu-
tions by appealing to its courts. Alongside the Shari ̔a, the official code,
in Yemen there was a tribal civil system based on customary laws, ̔urf,
which sometimes contradicted the Shari ̔a. The Jewish community was
granted legal autonomy, and its members were subordinated to Jewish
religious law and judges in all matters except for capital punishment. The
Jewish legal system governed religious life, kept the community cohe-
sive as a separate social-religious group, and preserved social boundaries
with the surrounding society. Such boundaries were especially evident in
matters of marriage and ritual slaughter—both were considered a taboo
that would not be crossed.^16
However, in all matters that did not concern religious and family laws,
the authority of the Jewish court competed with that of the local tribal
shaykh or the district qadi. Jews appealed to the Muslim judicial sys-
tem mainly because their courts lacked power of enforcement but also
because of their integration into the tribal system and their trust in its
juridical institutions. Muslim law is more favorable to women than Jew-
ish law in matters of inheritance. In Jewish law, and according to Yemeni
Jewish custom,^17 a daughter does not inherit from her father (she inherits
only if he has no sons), and a wife does not inherit from her husband. In
contrast, Muslim law stipulates that female heirs receive a share equal
to half of that of the male heirs.^18 As a result, Jewish women in towns
and even in rural areas sometimes appealed to the Muslim court for a
more favorable ruling. Furthermore, even matters of family law, the core
of Jewish legal autonomy, were often prearranged in the Muslim court
and only afterwards received final legal validity from the Jewish court.^19
In remote tribal settlements, far from the effective authority of the Jew-
ish court, family matters were occasionally governed in accordance with
tribal practice, despite the fact that this contradicted Jewish law.^20
Muslim Attitudes toward Jewish Religion and Customs
Throughout the period under discussion, Yemen remained a traditional
society and did not undergo any process of secularization. Yemeni so-
ciety, urban and rural, was religious (though often tribesmen did not
observe many of the Shari ̔a laws). This society maintained that its well-
being depended on the good conduct of its members and their obedience
to religious and customary laws; such behavior would ensure that the