ABSTRACT
This chapter discusses the relationship between Islamic law and society in Qajar Iran, focusing on the court system and vaqf. The study of vaqf documents permits the examination of longer term effects. The case, concerning the Old Friday Mosque, indicates the factors in survival of a vaqf. The vaqf endured more than 300 years because the imams of the mosque tried to recover the vaqf property, and the local inhabitants supported them. The state did not provide much protection to the vaqf; on the contrary, state officials tried to usurp its property. The legal order was maintained not by the state but by society. The mojtaheds were not appointed by the state; they achieved this status through social recognition. This is the largest difference between Qajar Iran and the Ottoman Empire, where the qadis were incorporated into the state organization. The serviceable operation of Islamic Law in nineteenth-century Iran is evident from the study of legal documents.
