By Aharon Layish
This quantity provides annotated English translations of seventy two courtroom judgements passed down by means of the the Sharīʿa Courts of Adjābiya and Kufra approximately through the interval 1930-1970; the unique texts (facsimiles and edited records) seemed in A.Layish, Legal files on Libyan Tribal Society in technique of Sedentarization (Wiesbaden, 1998). The files deal with own prestige, succession, murder and physically harm, estate, legal responsibility, and attest to the interplay among the sharīʿa representing normative Islam, and tribal normal legislations, representing social fact in Cyrenaica in the course of the aforementioned interval. in addition they exemplify the qadi's function of bringing a Bedouin society in the orbit of normative Islam. A.Borg's essay Orality, Languages, and tradition in Arabic Juridical Discourse addresses cultural facets of orality at the language of those records. The research is meant for Orientalists, Islamologists, criminal and social historians, social scientists, and attorneys attracted to Islamic and comparative legislation.
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Extra info for Shari ’a And Custom In Libyan Tribal Society: An Annotated Translation Of Decisions From The... (Studies in Islamic Law and Society)
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Ta'rìf ) although no mention is made here of witnesses for the purpose of identification. 6 Cf. v. x†b. It is possible to infer from the rest of the document that 'Abdallàh genuinely believed Tajdìda to have been given to him in customary gift ('a†à") marriage. It may well be that the term kha†abtu was introduced by the Deputy and not by 'Abdallàh. See fn. 37 below. 7 See muràkana, line 21 and fns. 32 and 37 below. 10 I accepted (qabiltu)11 [her] from him on this condition, [6] on the first day of the month of Rajab 1370 in the presence of a group of Muslims comprising Shaykh M˙ammad al-Shwèkh al-Bar'aßì, M˙ammad A˙mad Ja'far, al-Mahdì b.
In other words, part of the deferred dower is paid in the event of divorce on grounds of the husband’s absence or the wife’s adultery, part is paid on specified dates, and part at the husband’s convenience in the course of the marriage. The entire amount of the deferred dower is due, however, immediately in the eventuality of divorce or death, regardless of the aforementioned stipulations. 14 This is a clear instance of the imposition of Islamic religious norms; for further details, see doc. 5, line 12, fn.
Khalì Husband’s proxy: 'Abd al-Ra˙màn b. Abì al-Gàsim [16] Testimony (shahàda) of: Shaykh 'Umar b. 'Abd al-Jalìl and al-Sharìf b. Sa'd al-Bìsàg [17] Witnesses to the marriage contract (shuhùd al-'aqd ): [18] Shaykh Faraj Óbyl Íàli˙ b. ], Administrator of Ajdàbiya [19] The Clerk (kàtib) Mu˙ammad Ibn al-Óàjj A˙mad al-Dàrisì The matter being as indicated above The Qà∂ì of Ajdàbiya [20] A˙mad Mu˙ammad al-Zintànì13 the influence of local custom. Cf. v. maysara; 'alà ’l-maysara li-'àdat ahl albalad in Sharì'a Court of Ajdàbiya, decision of January 22, 1944.
