Sharīʿa and Custom in Libyan Tribal Society : An Annotated Translation of Decisions from the Sharīʿa Courts of Adjābiya and Kufra /
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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.
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1 online resource. :
Includes bibliographical references and index. :
9789047406266
9789004140820
Reimagining Legal Pluralism in Africa : Balancing Indigenous, State, and Religious Laws /
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This collection challenges the prevailing conflict of laws approach to the interaction of state and indigenous legal systems. It introduces adaptive legal pluralism as an alternative framework that emphasises dialogue and engagement between these legal systems. By exploring a dialogic approach to legal pluralism, the authors shed light on how it can effectively address the challenges stemming from the colonial imposition of industrial legal systems on Africa's agrarian political economies.
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1 online resource (512 pages) : illustrations. :
Includes bibliographical references and index. :
9789004696747