By Aharon Layish
This quantity offers annotated English translations of seventy two court docket judgements passed down through 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 tackle own prestige, succession, murder and physically damage, estate, legal responsibility, and attest to the interplay among the sharīʿa representing normative Islam, and tribal conventional legislations, representing social fact in Cyrenaica through the aforementioned interval. additionally they exemplify the qadi's position 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 features of orality at the language of those records. The learn is meant for Orientalists, Islamologists, felony and social historians, social scientists, and attorneys drawn to Islamic and comparative legislation.
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162/6, p. 101 [4] In the Sharì'a Court of Ajdàbiya presided over by the Qà∂ì Shaykh Mu˙ammad al-Sanùsì al-Ghazzàlì al-Kha††àbì on the date [indicated below]. May Allàh the Exalted prosper him! Amen. [5] 'Abdallàh b. Sa'ìd b. 'Alì b. Rwès, aged 35, from the lineage ('à"ila) of Ibn al-Rwès of the Gabàyil tribe (qabìla),7 born and resident in Ajdàbiya [6] made the following statement: My brother 'Abd al-Qàdir and I own [in common] livestock and other movable property (manqùlàt). We have today dissociated ourselves from each other [with respect to the common property] (tafàßalnà)8 before the witnesses (shuhùd ) present: Shaykh Sa'ìd Shalabì, [7] our paternal uncle Shaykh Óamad Óamad b.
37 Document 7 Introduction A married woman, deeply hurt by her husband’s second marriage, demands that he exercise justice and impartiality in his personal relationships with both wives or, alternatively, that he grant her divorce by khul' in return for the renunciation of her financial rights and of her son’s maintenance. The couple are reconciled after the husband undertakes to be more equitable in his dealings with both spouses, and the wife, for her part, promises to obey her husband in the conjugal dwelling.
17 'Udùl may well be professional witnesses or notaries (see Glossary). It is interesting to note that one of the witnesses is a faqìh. 8 9 36 personal status and succession with the consent [20] of both parties. Entered and endorsed on November 16, 1943 corresponding to the 18th day of Dhù ’l-Qa'da, 1362. [21] The wife’s proxy: her brother 'Izz al-Dìn b. M˙ammad alGbàylì The husband’s proxy: 'Umar b. Shgèb [22] The testimonies of Sàlim al-Gbàylì and Muftà˙ M˙ammad [23] Witnesses to the marriage contract (shuhùd al-'aqd ): [24] M˙ammad Bey Abù Hadma and the faqìh al-Sanùsì al-Tìtlì The shar'ì clerk of the court (kàtib) [25] Mu˙ammad al-Óàjj A˙mad al-Dàrisì authorized by his Honour the Qà∂ì [Shaykh A˙mad Mu˙ammad al-Zintànì] [26] The matter being as indicated above The Qà∂ì of Ajdàbiya [27] Ràfi' 'Abd al-Ra˙màn al-Qà∂ì18 18 Lines 26–27 seem to have been added at a later stage, probably by mistake.