Contracts of survival: the Shari’a court and the sale of children in Ottoman Palestine

This study examines the complex intersection of survival, law, and society in Ottoman Palestine through the examination of a contract from February 2, 1918, involving the sale of a young girl named Mariam. In this contract, Mariam’s parents, Suleiman bin Abdullah bin Suleiman and Khatun bint Yusuf Salim, sold her to Rashad Beck, a transaction that occurred amidst the devastating socio-economic impact of World War I. At a time of widespread poverty and war-ravaged Palestine, many families were forced to make unimaginable decisions to secure the safety and survival of their children. Though the sale of children was explicitly forbidden in Islamic law, the registration of this contract in the Shari’a court of Nazareth reflects a context-specific interpretation of Shari’a during a period of extreme hardship. Rather than a violation, the court viewed the transaction as an act of survival, ensuring Mariam’s protection from the ongoing devastation of the war. The paper explores the broader legal and social implications of such contracts, shedding light on how Shari’a law was applied in times of crisis to address the needs of the most vulnerable.