Published online by Cambridge University Press: 23 April 2009
During the past thirty years, the study of the family in European history has developed with a strong comparative emphasis. In contrast, the study of the family in Middle East history has hardly begun, even though the family is assumed to have had a major role in “the structuring of economic, political, and social relations,” as Judith Tucker has noted. This article takes up the theme of the family in the economic, political, and social context of 19th-century rural Egypt. Its purpose is, first of all, to explicate the prevailing joint household formation system in relation to the system of landholding, drawing upon fatwas and supporting evidence. Second, it argues that rural notable families in particular had a tendency to form large joint households and that this was related to the reproduction and enhancement of their economic and political status. Specifically, the maintenance of a joint household appears to have been a way of avoiding the fragmentation of land through inheritance. After the middle of the 19th century, when it appeared that the coherence and durability of the joint family household were threatened, the notables sought to strengthen it through legislation. Their involvement in the law reform process contradicts the progressive, linear model of social and legal change that is often applied in 19th-century Egyptian history.
Author's note: A very early version of this essay was presented at the Middle East Studies Association annual meeting at Research Triangle Park, N.C., 1993. I am grateful to Beshara Doumani, the Social History Group of UIUC, and the anonymous readers for IJMES for their comments on successive drafts, although I alone am responsible for the content of this essay.
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9 A joint household can contain no less than four members, and the incidence of joint households is expected to have increased along with household size. A polygynous household with no more than one married male is not a joint household in the definition accepted herein. Such households may have been among the larger ones, although polygyny does not appear to have been widespread in the 19th century and has declined since 1900. In 1917, up to 4.8 percent of Egyptian husbands may have been polygynous, although Goode regards this as a “dubious” estimate because it is based on “the number of ‘surplus’ wives in the census—that is, the number of married women reported in the census as against the number of married men” (Goode, , World Revolution, 104Google Scholar).
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19 Al-Fatāwā al-mahdiyya fī al-waqāʾiʿf al-miṣriyya, 7 vols. (Cairo: al-Maṭbaʿat al-Azhariyya, 1883–1886)Google Scholar (hereafter cited as FM, followed by vol. no.:page, and date of the fatwa. On al-Mahdi, see Cuno, , The Pasha's Peasants, 8Google Scholar. On fatwas generally, see Hallaq, Wael B., “From Fatwās to Furūʿ: Growth and Change in Islamic Substantive Law,” Islamic Law and Society 1, 1 (1994): 1–33Google Scholar.
20 For a description of this source, see Cuno, , The Pasha's Peasants, 6–7Google Scholar.
21 A note on the population registers is in preparation with Michael Reimer.
22 See Humphreys, Stephen, Islamic History: A Framework for Inquiry (Princeton, N.J.: Princeton University Press, 1991), 217–18Google Scholar; also Gerber, Haim, State, Society, and Law in Islam: Ottoman Law in Perspective (Albany: State University of New York Press, 1994), chap. 3Google Scholar.
23 See Cuno, , The Pasha's Peasants, 8–9Google Scholar.
24 Ibid., 149, 157–65.
25 FM 2:439, 13 Muharram 1295; also ʿĀbidīn, Muḥammad Amīn Ibn, Radd al-muhtār ʿalā al-durr almukhtār ʿalā maṭn tanwīr al-abṣār, 3d ed., 5 vols. (Bulaq: al-Maṭbaʿat al-Kubrā al-Amīriyya, 1881–1882), 3:467Google Scholar. On the proprietary partnership, see Udovitch, Abraham L., Partnership and Profit in Medieval Islam (Princeton, N.J.: Princeton University Press, 1970), 23–25CrossRefGoogle Scholar.
26 FM 2:322, 4 Dhu al-Qaʿda 1267; 390, 25 Rabiʿ I 1274; 397, 23 Dhu al-Raʿda 1274, and 4:581–82, 13 RabiʿI, 1270. Only the last of these cases involved land, which was not subject to Qurʾanic inheritance law until the late 19th century. Modern village women “may turn over their shares [of land] to their brothers. They do so as a means of social insurance against their husbands’ maltreatment, divorce, or old age” (Morsy, Soheir, “Sex Differences and Folk Illness in an Egyptian Village,” in Beck and Keddie, Women in the Muslim World, 606Google Scholar).
27 An example occurs in FM 2:301, 16 RabiʿI 1266.
28 Goody, Jack, “Strategies of Heirship,” Comparative Studies in Society and History 16 (1973): 16Google Scholar.
29 Hajnal, , “Two Kinds,” 67, 99–100Google Scholar.
30 FM 2:303, 27 Rabiʿ II 1266; 303, 25 Rabiʿ II 1266; 69, 10 Jumada II 1266.
31 FM 2:322–23, 15 Dhu al-Qaʿda 1267; 388, 15 Dhual-Hijja, 1273. Other examples of this usage are FM 2:400, 13 Ramadan 1275; and 401–2, 18 Shawwal 1275.
32 FM 2:302, 4 Rabiʿ II 1266. Also see 301, 16 Rabiʿ I 1266; 303, 27 Rabiʿ II 1266; 304, 14 Rajab 1266; 316, 2 Rabiʿ II 1267; and 320, 20 Shaʿban 1267.
33 Brothers: FM 2:303, 21 Jumada I 1266; 312, 7 Safar 1267; 344–45, 1 Shaʿban 1270; 381, 16 Jumada II 1273; 389, 9 Rabiʿ I 1274. Nephews: FM 2:309, 6 Dhu al-Hijja, 1266; and 401, 18 Shawwal 1275. Fathers: FM 2:303, 25 Rabiʿ II 1266; 342, 23 Muharram 1270; 343, 6 Rabiʿ I 1270; 413–14, 21 Jumada I 1281; 420, 14 Jumada I 1282; and FM 4:550, 18 Rabiʿ II 1265. Grandfather: FM 2:440–41, 22 Safar 1295.
34 Outside property or work: FM 2:316, 2 Rabiʿ II 1267; 338, 16 Shaʿban 1269; 374, 30 Dhu al-Hijja 1272; 394, 20 Shawwal 1274; 385, 17 Shawwal 1277. Joint management: FM 2:82, 14 Muharram 1267; 120, 13 Rajab 1268; 129, 26 Shawwal 1268; 140, 19 Muharram, 1269; and 440, 15 Muharram 1295. See also Hajnal, , “Two Kinds,” 67Google Scholar.
35 On the history of this legal distinction see Cuno, Kenneth M., “Was the Land of Ottoman Syria Miri or Milk” An Examination of Juridical Differences within the Hanafi School,” Studia Islamica 81 (1995): 5–36Google Scholar.
36 I have found some exceptions in which mīrī land was divided in Qurʾanic shares: for an extensive discussion of peasant land tenure up to the 1850s, see Cuno, , The Pasha's Peasants, chaps. 4 and 8Google Scholar.
37 FM 2:123–24, 29 Shaʿban 1268.
38 FM 2:220–21, 27 Rabiʿ I 1272; 287, 7 Jumada I 1265; 315–16, 30 Rabiʿ I 1267; 322–23, 15 Dhu al-Qaʿda 1267; 402, 7 Dhu al-Qaʿda 1275; 416–17, 28 Muharram 1281; 421, 4 Ramadan 1282; 423, 15 Muharram 1283; 439–40, 13 Muharram 1295; 442–43, 15 Ramadan 1297.
39 FM 2:123–24, 29 Shaʿban 1268; 4:589, 6 Rabiʿ I 1271.
40 FM 2:123–24, 29 Shaʿban 1268; 190–91, 19 Dhu al-Qaʿda 1270; 281–82, 20 Dhu al-Qaʿda 1264.
41 FM 2:331, 25 Shaʿban 1268; 421–22, 6 Shawwal 1282.
42 FM 2:333, 29 Shawwal 1268; 344, 6 Jumada I 1270; 379–80, 6 Rabiʿ II 1273.
43 FM 2:282, 20 Dhu al-Qaʿ da 1264.
44 FM 2:421, 4 Ramadan 1282.
45 FM 2:322–23, 15 Dhu al-Qaʿda 1267.
46 FM 2:315–16, 30 Rabiʿ I 1267.
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48 FM 2:421, 4 Ramadan 1282; 442–43, 15 Ramadan 1297. A third example is FM 2:402, 7 Dhu al-Qaʿda 1275.
49 FM 2:43, 5 Jumada II 1265; 123–24, 29 Shaʿban 1268; 190–91, 19 Dhu al-Qaʿda, 1270; 218–19, 3 Rabiʿ I 1272; 225, 8 Dhu al-Qaʿda 1272; 234–35, 9 Rabiʿ I 1273; 236, 16 RabiʿI 1273; 247–48, 20 Shawwal 1273; 421–22, 6 Shawwal 1282.
50 Cuno, , The Pasha's Peasants, 75–76Google Scholar.
51 FM 2:350–52, 1 Rabiʿ I 1271.
52 Goody, “Strategies, ” 16. The number of female-headed households would also have been affected by such factors as divorce, the return of divorcees and widows to the household of a male relative, and the maintenance of joint households.
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55 FM 2:421–22, 6 Shawwal 1282.
56 FM 2:403–4, 21 Rabiʿ I, 1276.
57 Anderson, , Approaches, 65 ffGoogle Scholar.; and Goody, Strategies,” 4.
58 Ammar, Abbas, A Demographic Study of an Egyptian Province (Sharqiya) (London: London School of Economics, 1942), 49Google Scholar.
59 In the terminology of Hammel and Laslett, one conjugal unit plus unmarried relatives other than children.
60 See note 28.
61 One indication of this is the greater care taken to document how women acquired their land.
62 Cuno, , The Pasha's Peasants, 76.Google Scholar Some suits were raised many years after a woman inherited, probably due to the maturation of a son.
63 Goody, “Strategies,” 16.
64 Brink, , “Changing Extended Family Relationships,” 136Google Scholar.
65 Duben, , “Turkish Families and Households,” 83–84Google Scholar.
66 Cuno, , The Pasha's Peasants, 157–65Google Scholar. For data on land and estimates of population, see Baer, Gabriel, A History of Landownership in Modern Egypt 1800–1950 (Oxford: Oxford University Press, 1962), 20 (Table 1)Google Scholar; and McCarthy, Justin, “Nineteenth-Century Egyptian Population,” Middle Eastern Studies 12, 3 (1976): 20, 25 (Tables 12 and 20)CrossRefGoogle Scholar.
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68 Wallace, , Egypt and the Egyptian Question, 176–87Google Scholar; Cleland, Wendell, The Population Problem in Egypt: A Study of Population Trends and Conditions in Modern Egypt (Lancaster, Pa.: Columbia University, 1936), 74 n. 5, 94Google Scholar.
69 FM 2:424–25, 4 Dhu al-Qaʿda 1283.
70 A son might inherit or acquire property of his own, however (FM 2:302, 4 Rabiʿ II 1266; 304, 14 Rajab 1266; and 316, 2 Rabiʿ II 1267).
71 Customarily, a man would pay part of the bridal gift to his wife when they married and owe her the remainder, which would be paid from his estate along with any other debts before its division (Tucker, Judith, Women in Nineteenth-Century Egypt [Cambridge: Cambridge University Press, 1985], 45)CrossRefGoogle Scholar.
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74 FM 4:559, 13 Rabiʿ 565, 17 Safar 1267; 595, 25 Safar 1272; 595–96, 5 Rabiʿ I 1272.
75 FM 2:320, 20 Shaʿ ban 1267; 346, 7 Shawwal 1270.
76 FM 2:331, 11 Shaʿ ban 1268; 344– 1 Shawwal 1270; FM 4:601, 21 Muharram 1273.
77 FM 2:323, 15 Safar 1283.
78 FM 2:282, 20 Dhu al-Qaʿda 1264; 421–22, 6 Shawwal, 1282. See also the example immediately above and FM 2:304, 5 Rajab 1266; 399, 17 Jumada I 1275; and 424, 22 Shaʿban 1283.
79 FM 2:147– 48, 22 Safar 1269; 155, 18 Rabiʿ II 1269; 218–19, 3 Rabiʿ II 1272; 355, 25 Jumada I 1271; 387–88, 4 Dhu al-Hijja 1273; and 400–401, 6 Shawwal 1275.
80 FM 2:334, 10 Dhu al-Qaʿda 1268; 359, 11 Shawwal 1271.
81 FM 2:339–40, 13 Shawwal 1269; 340, 5 Dhu al-Qaʿda 1269; 353, 1 Jumada 1 1271; 362, 28 Dhu al-Hijja 1271.
82 FM 2:323, 1 Dhu al-Hijja 1267; 335–36, 3 Rabiʿ I 1269; 339, 10 Shawwal 1269; 346, 11 Shawwal 1270; 346, 4 Dhu al-Qaʿda 1270; 386, 4 Dhu al-Qaʿda 1273; 391–92, 9 Jumada I 1274.
83 During 1856–60 it was composed of eleven notables (aʿyān) and nine high officials (dhawāt), although the latter may also have included some men from notable families (al-Rāfiʿi, ʿAbd al-Raḥmān, ʿAṣr LSMāʿil, 2d ed., 2 vols. [Cairo: Maṭbaʿat al-Nahḍa al-Miṣriyya, 1948], 1:46–47)Google Scholar.
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