Shattering tradition : custom, law and the individual in the Muslim Mediterranean / edited by Walter Dostal and Wolfgang Kraus.

Format:

Book

Contributor:

Dostal, Walter, 1928-2011.

Kraus, Wolfgang, 1958-

Series:

Islamic Mediterranean ; 8.

Islamic Mediterranean ; 8

Language:

English

Subjects (All):

Islamic law--Mediterranean Region.

Islamic law.

Mediterranean Region.

Physical Description:

viii, 328 pages : illustrations ; 23 cm.

Place of Publication:

London ; New York : I.B. Tauris, 2005.

Summary:

Shattering Tradition explores some of the ways in which the legal plurality of Islamic law, customary law and state law is dealt with in the societies of the Islamic Mediterranean. In Muslim societies religion and law are known to be intimately linked. While scholarly attention has been traditionally focused on Islamic law, all Muslim states have engaged in secular legislation and codification. Likewise, customary law has hitherto been neglected. This groundbreaking series of empirical case studies investigates the varying ways in which different forms of law interrelate and it analyses how the tensions between them are resolved in local settings.

Walter Dostal and Wolfgang Kraus have brought together contributions that combine an interdisciplinary approach with a strong grounding in social anthropology. Dealing with different parts of the Islamic Mediterranean in the widest sense, they discuss diverse topics such as: codification processes in the Ottoman Empire from the fifteenth century onwards; urban market organisation and its historical evolution; the principles of tribal customary law in the southern Hijaz; traditional legal practice and its transformations under colonial rule in a Moroccan Berber tribe; conflict resolution in the silver market of Sana'a and the mediating role of saints in the Hadramaut.

Shattering Tradition makes vital reading to all those interested in the social anthropology of the Middle East and the wider study of law throughout the Islamic Mediterranean.

Contents:

1 The Significance of Customary Law in the Traditional Urban Market: A Contribution on the Administration of Justice in the Pre-modern Arab World / Claudia Kickinger 20

2 Early Ottoman Customary Law: The Genesis and Development of Ottoman Codification / Yunus Koc 75

3 Tribal Customary Law of the Zahran Confederation in Southern Hijaz (Kingdom of Saudi Arabia) / Walter Dostal 122

4 Tribal Law in the Moroccan High Atlas: Pre-colonial Legal Practice and its Transformations / Wolfgang Kraus 148

5 Women's Choices: Norms, Legal Pluralism and Social Control among the Ayt Hdiddu of Central Morocco / Ixy Noever 189

6 Legal Regulation of Moroccan Habous under French Rule: Local Legal Practice vs. Islamic Law? / Franz Kogelmann 208

7 The Saints of Hadramawt / Walter Dostal 233

8 Regulations of the Silver Market in San'a': On the Origins and Significance of a Legal Document / Ronald Barghuti 254

9 The Collapse of the State and the Resurgence of Customary Law in Northern Somalia / Federico Battera 278.

Notes:

Includes bibliographical references and index.

ISBN:

1850436347

OCLC:

60368205

Publisher Number:

9781850436348