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Shari'a and Custom in Libyan Tribal
Society: An Annotated Translation of Decisions from the Shari'a Courts of
Adjabiya and Kufra (studies in Islamic Law and Society, 24) Aharon Layish |
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This volume presents annotated
English translation of 72 court decisions handed down by the Shari'a Courts
of Adjabiya 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, etc.,
and attest to the interaction between the Shari'a 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, Language and Language, and Culture in Arabic Juridical
Discourse addresses cultural aspects of orality on the language of these
documents. |
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The study is intended for Orientalists, Islamologists,
legal and social historians, social scientists, and lawyers interested in
Islamic and comparative law. Aharon Layish, Ph.D. (1973), Emeritus
Professor, |