Sharia [i.e. Sharia] and custom in Libyan tribal society : an annotated translation of decisions from the Sharia [i.e. Sharia] courts of Adjabiya [i.e. Ajdabiya] and Kufra / by Aharon Layish ; with a linguistic essay by Alexander Borg.

Format:

Book

Author/Creator:

Layish, Aharon, 1933-2022.

Series:

Studies in Islamic law and society ; v. 24.

Studies in Islamic law and society, 1384-1130 ; v. 24

Language:

English

Subjects (All):

Islamic law--Libya--Kufra Oases--Cases.

Islamic law.

Islamic law--Libya--Ajdabiya--Cases.

Customary law--Libya--Cases.

Customary law.

Physical Description:

1 online resource (373 p.)

Edition:

1st ed.

Other Title:

Shari'a and custom in Libyan tribal society

Place of Publication:

Leiden ; Boston, Mass. : Brill, 2005.

Language Note:

English

Summary:

This volume presents annotated English translations of 72 court decisions handed down by the the Sharīʿa Courts of Adjābiya and Kufra roughly during the period 1930-1970; the original texts (facsimiles and edited documents) appeared in A.Layish, Legal Documents on Libyan Tribal Society in Process of Sedentarization (Wiesbaden, 1998). The documents address personal status, succession, homicide and bodily injury, property, obligation, and attest to the interaction between the sharīʿa representing normative Islam, and tribal customary law, representing social reality in Cyrenaica during the aforementioned period. They also exemplify the qadi 's role of bringing a Bedouin society within the orbit of normative Islam. A.Borg's essay Orality, Languages, and Culture in Arabic Juridical Discourse addresses cultural aspects of orality on the language of these documents. The study is intended for Orientalists, Islamologists, legal and social historians, social scientists, and lawyers interested in Islamic and comparative law.

Contents:

Preface; Acknowledgments; Introduction: Shari'a and Custom in Tribal Society; THE DOCUMENTS IN ENGLISH TRANSLATION AND ANNOTATION; 1. Personal Status and Succession; 2. Homicide, Bodily Injury and Defamation of Women's Reputation (55-60); 3. Slaves and Manumitted Slaves (docs. 61-62); 4. Property, Obligations and Contracts (docs. 63-68); 5. Evidence and Court Procedure (docs. 69-70); 6. Qadis' Legal Opinions (docs. 71-72); APPENDICES; Bibliography; Glossary of Arabic Legal Terms and Phrases; Name Index of Qadis', Na'ibs and Other Judicial Clerks; General Index

""Orality, Language, and Culture in Arabic Juridical Discourse"" by Alexander Borg

Notes:

Description based upon print version of record.

Description based on print version record.

Includes bibliographical references (p. [273]-284) and index.

ISBN:

1-280-86708-6

9786610867080

1-4294-2728-0

90-474-0626-5

1-4337-0438-2

OCLC:

171561598

Publisher Number:

10.1163/9789047406266 DOI