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Aharon Layish

Biographic Data

ID699463
NAMEAharon Layish
GIVEN NAMESAharon
FAMILY NAMELayish
SIGNATURELAYISH A
AFFILIATIONSHebrew University of Jerusalem
VERIFIEDNo
TOTAL WORKS31
TOTAL CITATIONS29
AUTHOR COUNT31
EDITOR COUNT0
FIRST PUBLICATION YEAR1976
LATEST PUBLICATION YEAR2018
H-INDEX3
  • The Testamentary Waqf as an Instrument of Elite Consolidation in Early Twentieth-Century Massawa (Eritrea)

    Jonathan Miran, Aharon Layish•ARTICLE•Islamic Law and Society•2018•References: 2

    This study examines the testamentary waqf of Aḥmad b. ʿAbd Allāh al-Ghūl (1853-1919), a prominent merchant and communal leader in the cosmopolitan Red Sea port town of Massawa in Eritrea during the period of Italian colonial rule (1885-1941). We provide an annotated translation of the document and a detailed socio-legal analysis of its features. We argue that the testamentary waqf was a vehicle for ensuring the family’s integration in Eritrea in …

  • Islamic Law in the Modern World

    Aharon Layish•ARTICLE•Islamic Law and Society•2014•Cited by: 1•References: 7

    The essay provides a general account of some of the main changes that Islamic law has undergone since the late 19th century: the transformation of Islamic law from a jurists’ law to a statutory law; the displacement of the ʿulamāʾ as the exclusive interpreters of Islamic law; and the secularization and nationalization of Islamic law through the judicial practice of the Constitutional Court and civil courts in Egypt. Other issues include the impac…

  • Waqfs of Awlād al-Nās in Aleppo in the Late Mamlūk Period as Reflected in a Family Archive

    Aharon Layish•ARTICLE•Journal of the Economic and…•2008

    A family archive from Aleppo of the late Mamlūk period sheds light on a society in transition from military to civil elite. It provides us with insights on the religious, social, and economic role of the waqf and on its function as a means for circumventing the Islamic inheritance law and preserving the integrity of the patrimony. Vital information is provided on the possibilities for women and manumitted slaves to own and dispose of property. Th…

  • Law, Custom, and Statute in the Muslim World: Studies in Honor of Aharon Layish

    Aharon Layish, Ron Shaham•BOOK•Law, Custom, and Statute in the…•2006

  • Interplay between Tribal and Sharī Law: A Case of Tibbāwī Blood Money in the Sharīa Court of Kufra

    Aharon Layish•ARTICLE•Islamic Law and Society•2006•Cited by: 1

    In the early 1940s the Sharīa Court of Kufra (Libya) issued a legal document dealing with a blood money dispute among the Tibāwī tribe. I provide here an annotated translation of this document together with an analysis of the interaction between sharia and customary law. Although the court issued its judgment in accordance with "Tibāwī tribal customary law," several indicators suggest that the apportionment of blood money among the victim's relat…

  • Adaptation of a Jurists' Law to Modern Times in an Alien Environment: The Case of the Shari'a in Israel

    Aharon Layish•ARTICLE•Die Welt des Islams•2006

  • Sharīʿa and Custom in Libyan Tribal Society: An Annotated Translation of Decisions from the Sharīʿa Courts of Adjābiya and Kufra

    Aharon Layish•BOOK•Sharīʿa and Custom in Libyan…•2005•Cited by: 4

    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 Transformation of the Sharī'a From Jurists' Law to Statutory Law in the Contemporary Muslim World

    Aharon Layish•ARTICLE•Die Welt des Islams•2004•Cited by: 3

    the transformation of the SHARI ̄ { A 85 © Koninklijke Brill NV, Leiden, 2004 Die Welt des Islams 44, 1 Also available online – www.brill.nl THE TRANSFORMATION OF THE SHARμ {A FROM JURISTS’ LAW TO STATUTORY LAW IN THE CONTEMPORARY MUSLIM WORLD* BY AHARON LAYISH Jerusalem In memoriam Hava Lazarus-Yafeh 1. Introduction In this short essay I want to present the thesis that the codifica- tion of the sharo {a by Muslim legislatures, since the middle o…

  • The Reinstatement of Islamic Law in Sudan under Numayrī: An Evaluation of a Legal Experiment in the Light of its Historical Context, Methodology, and Repercussions

    Aharon Layish, Gabriel R Warburg et al.•BOOK•The Reinstatement of Islamic Law…•2002

    The present study examines President Ja'far Numayrī's experiment of reinstating Islamic law in the Sudan and the methods employed to this end, in the light of its historical context and sources of inspiration. Islamist legislation, legal circulars and judicial practice are here utilized as source material for the analysis of the methodology employed in Numayrī's experiment and its application with a view to evaluating their impact on the uncodifi…

  • Divorce in the Libyan Family: A Study Based on the Sijills of the Shari'ah Courts of Ajdabiyya and Kufra

    Knut S Vikør, Aharon Layish•ARTICLE•Journal of Law and Religion•2000

    This is a study of the way in which various courts in Libya deal with questions of divorce in an almost exclusive tribal, still nomadic, environment. The author explains how local divorce law is a blend of statutory, Islamic, and customary law. By investigating all the varieties of marriage dissolution recorded in the sijjilat of the shari'a courts of Ajdabiyya and Kufra and by analyzing the part played, respectively, by shari'a law, customary la…

  • The Mahdi's Legal Methodology as a Mechanism for Adapting the Sharî'a in the Sudan to Political and Social Purposes

    Open Access•Aharon Layish•ARTICLE•Revue des mondes musulmans et de…•2000•Cited by: 2

    Muhammad Ahmad b. 'Abd Alläh (mieux connu sous le nom de Muhammad al-Mahdî) dirigea, à la fin du XIXe siècle, un mouvement politico-religieux de renouveau de l'islam (Mahdiyya). L'aptitude du Mahdi à consolider une théocratie radicale au sein d'une société gérée par des coutumes tribales était dépendante des capacités d'adaptation de la charia orthodoxe aux événements que la coutume ne pouvait manquer de rencontrer et à permettre à son leader cha…

  • Legal Documents on Libyan Tribal Society in Process of Sedentarization, Part I, the Documents in Arabic, with an Anthropological Critique

    Constant Hamès, Jaya B Davis et al.•ARTICLE•Studia Islamica•2000

  • The Family Waqf and the Sharʿī Law of Succession in Modern Times

    Aharon Layish•ARTICLE•Islamic Law and Society•1997•Cited by: 6

    On the basis of an analysis of waqfiyyas collected mainly from the sijill of the sharīʿa courts of Mandatory Palestine and Israel, I seek to clarify the identity of the initial beneficiaries of the waqf and the manner in which entitlement is transmitted to and apportioned among subseqent generations of beneficiaries. I also evaluate the motives of the founder in using the waqf as an instrument for circumventing the compulsory Islamic inheritance …

  • Bequests as an Instrument for Accommodating Inheritance Rules: Israel as a Case Study

    Aharon Layish•ARTICLE•Islamic Law and Society•1995

    Freedom of civil testation available, since 1965, to Israeli Muslims within some of the sharīʿa courts, has replaced the family waqf as an instrument for circumventing the compulsory rules of inheritance (ʿilm al-farāʾid). This marks in many respects the victory of custom over the sharīʿa. On the basis of an analysis of bequests probated in the sharīʿa courts, I conclude that the bequest is being used as a means to prevent fragmentation of the pa…

  • The Anthropology of Justice: Law as Culture in Islamic Society

    Aharon Layish, Lawrence Rosen•ARTICLE•Islamic Law and Society•1994•Cited by: 1

  • Divorce in the Libyan Family: A Study Based on the sijills of the shariʿa Courts of Ajdābiyya and Kufra

    Susan A Spectorsky, Aharon Layish•ARTICLE•Journal of the American Oriental…•1994

  • Thefatwāas an instrument of the Islamization of a tribal society in process of sedentarization

    Open Access•Aharon Layish•ARTICLE•Bulletin of the School of…•1991•References: 1

    Thefatwāis the legal opinion of a jurist not institutionalized in the classical sense: it is intended to elucidate, at the request of an inquirer, the position as to a legal issue; it is not binding on the inquirer or anyone else; unlike the judgement of aqāḍī, it is not enforceable. Thefatwāthat is the object of this paper belongs to a collection of legal documents gathered from tribal arbitrators in the Judean Desert and from the archives ofsha…

  • The Druze Testamentary waqf

    Aharon Layish•ARTICLE•Studia Islamica•1990

  • Customary khul' as reflected in the sijill of the Libyan sharĪ a; courts

    Open Access•Aharon Layish•ARTICLE•Bulletin of the School of…•1988•Cited by: 1•References: 1

    Khul', according to its shar ī definition, is a wife's 'redemption of herself' from the marriage tie, with the husband's consent, by the use of the word khul', or a verb derived from it, in return for consideration. The husband, not the wife, dissolves the marriage tie; he must be legally competent to divorce the wife, and the wife must be legally competent to enter into a contractual divorce agreement for consideration (Anderson, 1970: 367). She…

  • Saudi Arabian Legal Reform as a Mechanism to Moderate Wahhābī Doctrine

    Aharon Layish•ARTICLE•Journal of the American Oriental…•1987•Cited by: 1

  • Waqfsand ṣūfī monasteries in the Ottoman pollicy of colonization: Sultān Selīm I's waqf of 1516 in favour of Dayr al-Asad

    Open Access•Aharon Layish•ARTICLE•Bulletin of the School of…•1987•Cited by: 2•References: 2

    A folktale current among the inhabitants of Dayr al-Asad, a little village in Western Galiee on the Acre-Safad road, repors that in the early sixteenth century a Ṣufī shaykh named al-Asad was once travelling towards Safad, when he came upon some inhabitants of cha Christian village of al-Bi'na, which then contained a monastery (dayr) and a Crusader church, and was insulted by them; moreover, while he was praying by the village spring, a lion (asa…

  • Marriage, Divorce and Succession in the Druze Family

    Ann Elizabeth Mayer, Aharon Layish•ARTICLE•The American Journal of…•1985

    Journal Article Marriage, Divorce And Succession in The Druze Family Get access Marriage, Divorce and Succession in the Druze Family. By Layish Aharon (Leiden: Brill, 1982. Pp. 445. Ann Elizabeth Mayer Ann Elizabeth Mayer * Associate Professor, Wharton School, University of Pennsylvania Search for other works by this author on: Oxford Academic Google Scholar The American Journal of Comparative Law, Volume 33, Issue 1, Winter 1985, Pages 111–115, …

  • The Mālikī Family Waqf According to Wills and Waqfiyyāt

    Open Access•Aharon Layish•ARTICLE•Bulletin of the School of…•1983•Cited by: 4•References: 1

    The Islamic system of succession is destructive of family property in that it causes its division among a great number of heirs and into uneconomic units. Succession involves a great number of participants; qur'ānic and agnatic heirs participate simultaneously (not successively)-subject, of course, to the rules of priorities and exclusions-and this increases the fragmentation of the property and the shrinking of the shares of the participants ad …

  • Uriel Heyd's contribution to the study of the legal, religious, cultural, and political history of the Ottoman empire and modern Turkey

    Aharon Layish•ARTICLE•British Society for Middle…•1982

    Uriel Heyd (previously, Heydt) was born on 26 July 1913, in Cologne (Germany).1 With the encouragement of his mother, who, after his father's death, wished him to train for management of the family business -a factory -Uriel read law and economics for five terms at the universities of Cologne, Munich, Heidelberg and Berlin. The combination of those two disciplines was a compromise between his duty to the family and his analytical cast of mind. Bu…

  • Notes on Joseph Schacht's contribution to the study of Islamic law

    Aharon Layish•ARTICLE•British Society for Middle…•1982

    (1982). Notes on Joseph Schacht's contribution to the study of Islamic law. British Society for Middle Eastern Studies. Bulletin: Vol. 9, No. 2, pp. 132-140

Next
  • The Family Waqf and the Sharʿī Law of Succession in Modern Times

    Aharon Layish•ARTICLE•Islamic Law and Society•1997•Cited by: 6

    On the basis of an analysis of waqfiyyas collected mainly from the sijill of the sharīʿa courts of Mandatory Palestine and Israel, I seek to clarify the identity of the initial beneficiaries of the waqf and the manner in which entitlement is transmitted to and apportioned among subseqent generations of beneficiaries. I also evaluate the motives of the founder in using the waqf as an instrument for circumventing the compulsory Islamic inheritance …

  • Sharīʿa and Custom in Libyan Tribal Society: An Annotated Translation of Decisions from the Sharīʿa Courts of Adjābiya and Kufra

    Aharon Layish•BOOK•Sharīʿa and Custom in Libyan…•2005•Cited by: 4

    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 Mālikī Family Waqf According to Wills and Waqfiyyāt

    Open Access•Aharon Layish•ARTICLE•Bulletin of the School of…•1983•Cited by: 4•References: 1

    The Islamic system of succession is destructive of family property in that it causes its division among a great number of heirs and into uneconomic units. Succession involves a great number of participants; qur'ānic and agnatic heirs participate simultaneously (not successively)-subject, of course, to the rules of priorities and exclusions-and this increases the fragmentation of the property and the shrinking of the shares of the participants ad …

  • The Transformation of the Sharī'a From Jurists' Law to Statutory Law in the Contemporary Muslim World

    Aharon Layish•ARTICLE•Die Welt des Islams•2004•Cited by: 3

    the transformation of the SHARI ̄ { A 85 © Koninklijke Brill NV, Leiden, 2004 Die Welt des Islams 44, 1 Also available online – www.brill.nl THE TRANSFORMATION OF THE SHARμ {A FROM JURISTS’ LAW TO STATUTORY LAW IN THE CONTEMPORARY MUSLIM WORLD* BY AHARON LAYISH Jerusalem In memoriam Hava Lazarus-Yafeh 1. Introduction In this short essay I want to present the thesis that the codifica- tion of the sharo {a by Muslim legislatures, since the middle o…

  • The Mahdi's Legal Methodology as a Mechanism for Adapting the Sharî'a in the Sudan to Political and Social Purposes

    Open Access•Aharon Layish•ARTICLE•Revue des mondes musulmans et de…•2000•Cited by: 2

    Muhammad Ahmad b. 'Abd Alläh (mieux connu sous le nom de Muhammad al-Mahdî) dirigea, à la fin du XIXe siècle, un mouvement politico-religieux de renouveau de l'islam (Mahdiyya). L'aptitude du Mahdi à consolider une théocratie radicale au sein d'une société gérée par des coutumes tribales était dépendante des capacités d'adaptation de la charia orthodoxe aux événements que la coutume ne pouvait manquer de rencontrer et à permettre à son leader cha…

  • Waqfsand ṣūfī monasteries in the Ottoman pollicy of colonization: Sultān Selīm I's waqf of 1516 in favour of Dayr al-Asad

    Open Access•Aharon Layish•ARTICLE•Bulletin of the School of…•1987•Cited by: 2•References: 2

    A folktale current among the inhabitants of Dayr al-Asad, a little village in Western Galiee on the Acre-Safad road, repors that in the early sixteenth century a Ṣufī shaykh named al-Asad was once travelling towards Safad, when he came upon some inhabitants of cha Christian village of al-Bi'na, which then contained a monastery (dayr) and a Crusader church, and was insulted by them; moreover, while he was praying by the village spring, a lion (asa…

  • The contribution of the modernists to the secularization of Islamic law

    Aharon Layish•ARTICLE•Middle Eastern Studies•1978•Cited by: 2•References: 1

    (1978). The contribution of the modernists to the secularization of Islamic law. Middle Eastern Studies: Vol. 14, No. 3, pp. 263-277

  • Islamic Law in the Modern World

    Aharon Layish•ARTICLE•Islamic Law and Society•2014•Cited by: 1•References: 7

    The essay provides a general account of some of the main changes that Islamic law has undergone since the late 19th century: the transformation of Islamic law from a jurists’ law to a statutory law; the displacement of the ʿulamāʾ as the exclusive interpreters of Islamic law; and the secularization and nationalization of Islamic law through the judicial practice of the Constitutional Court and civil courts in Egypt. Other issues include the impac…

  • Interplay between Tribal and Sharī Law: A Case of Tibbāwī Blood Money in the Sharīa Court of Kufra

    Aharon Layish•ARTICLE•Islamic Law and Society•2006•Cited by: 1

    In the early 1940s the Sharīa Court of Kufra (Libya) issued a legal document dealing with a blood money dispute among the Tibāwī tribe. I provide here an annotated translation of this document together with an analysis of the interaction between sharia and customary law. Although the court issued its judgment in accordance with "Tibāwī tribal customary law," several indicators suggest that the apportionment of blood money among the victim's relat…

  • The Anthropology of Justice: Law as Culture in Islamic Society

    Aharon Layish, Lawrence Rosen•ARTICLE•Islamic Law and Society•1994•Cited by: 1

  • Customary khul' as reflected in the sijill of the Libyan sharĪ a; courts

    Open Access•Aharon Layish•ARTICLE•Bulletin of the School of…•1988•Cited by: 1•References: 1

    Khul', according to its shar ī definition, is a wife's 'redemption of herself' from the marriage tie, with the husband's consent, by the use of the word khul', or a verb derived from it, in return for consideration. The husband, not the wife, dissolves the marriage tie; he must be legally competent to divorce the wife, and the wife must be legally competent to enter into a contractual divorce agreement for consideration (Anderson, 1970: 367). She…

  • Saudi Arabian Legal Reform as a Mechanism to Moderate Wahhābī Doctrine

    Aharon Layish•ARTICLE•Journal of the American Oriental…•1987•Cited by: 1

  • The prohibition of reinstating a divorced wife in the Druze family

    Open Access•Aharon Layish•ARTICLE•Bulletin of the School of…•1978•Cited by: 1•References: 2

    The peculiarity of the Druze law of divorce does not lie in the mechanism of dissolution, which is not materially different from that of the Muslim sharī'a, but in its effects: a dissolved marriage cannot be restored; the repudiation of the wife by itself creates an absolute bar to a remarriage between the parties. Article 11 of the Lebanese Druze Law of Personal Status of 1948 (hereinafter referred to as 'the Lebanese Druze Law'), which was adop…

  • Women and Islamic Law in a Non-Muslim State

    Farin Mirvahabi, Aharon Layish et al.•ARTICLE•The American Journal of…•1976

    Journal Article Women and Islamic Law in a Non-Muslim State. Get access Women and Islamic Law in a Non-Muslim State. By Lavish Aharon (M. Eichelberg, transl.). Jerusalem: Israel Universities Press, 1975. Pp. xix, 369. Farin Mirvahabi Farin Mirvahabi *L.L.B., University of Tehran; M.C.L., Georgetown University. Search for other works by this author on: Oxford Academic Google Scholar The American Journal of Comparative Law, Volume 24, Issue 2, Spri…

  • The contribution of the modernists to the secularization of Islamic law

    Aharon Layish•ARTICLE•Middle Eastern Studies•1978•Cited by: 2•References: 1

    (1978). The contribution of the modernists to the secularization of Islamic law. Middle Eastern Studies: Vol. 14, No. 3, pp. 263-277

  • The prohibition of reinstating a divorced wife in the Druze family

    Open Access•Aharon Layish•ARTICLE•Bulletin of the School of…•1978•Cited by: 1•References: 2

    The peculiarity of the Druze law of divorce does not lie in the mechanism of dissolution, which is not materially different from that of the Muslim sharī'a, but in its effects: a dissolved marriage cannot be restored; the repudiation of the wife by itself creates an absolute bar to a remarriage between the parties. Article 11 of the Lebanese Druze Law of Personal Status of 1948 (hereinafter referred to as 'the Lebanese Druze Law'), which was adop…

  • Polygamy and the Druze Family in Israel

    Aharon Layish•ARTICLE•Journal of the American Oriental…•1979

    La legislation libanaise, adoptee par les Druzes d'Israel, ne reconnait pas la validite du mariage polygame. La loi israelienne interdit la polygamie. Les qadis druzes se servent de ces legislations civiles pour renforcer la legislation religieuse

  • Custom andSharī'ain the Bedouin family according to legal documents from the Judaean Desert

    Open Access•Aharon Layish, Avshalom Shmueli•ARTICLE•Bulletin of the School of…•1979•References: 4

    This paper, by means of original Bedouin documents relating to matters of personal status, attempts to disclose interaction between custom andsharī'aand to illuminate some of the mechanisms tending to complete the islamization of a tribal society in process of sedentarization. The Bedouin dealt with here are a group of tribes in the Jerusalem-Bethlehem region: al-Sawāhira (c.6,000 persons now) east of Jerusalem, al-'Ubaydiyya (c.5,500) east of Ba…

  • Galal H. El-Nahal: The judicial administration of Ottoman Egypt in the seventeenth century. (Studies in Middle Eastern History, No. 4) ix, 109pp. Minneapolis and Chicago: Bibliotheca Islamica, 1979

    Open Access•Aharon Layish•ARTICLE•Bulletin of the School of…•1981

    Galal H. El-Nahal: The judicial administration of Ottoman Egypt in the seventeenth century. (Studies in Middle Eastern History, No. 4) ix, 109pp. Minneapolis and Chicago: Bibliotheca Islamica, 1979. - Volume 44 Issue 2

  • Uriel Heyd's contribution to the study of the legal, religious, cultural, and political history of the Ottoman empire and modern Turkey

    Aharon Layish•ARTICLE•British Society for Middle…•1982

    Uriel Heyd (previously, Heydt) was born on 26 July 1913, in Cologne (Germany).1 With the encouragement of his mother, who, after his father's death, wished him to train for management of the family business -a factory -Uriel read law and economics for five terms at the universities of Cologne, Munich, Heidelberg and Berlin. The combination of those two disciplines was a compromise between his duty to the family and his analytical cast of mind. Bu…

  • Notes on Joseph Schacht's contribution to the study of Islamic law

    Aharon Layish•ARTICLE•British Society for Middle…•1982

    (1982). Notes on Joseph Schacht's contribution to the study of Islamic law. British Society for Middle Eastern Studies. Bulletin: Vol. 9, No. 2, pp. 132-140

  • The Mālikī Family Waqf According to Wills and Waqfiyyāt

    Open Access•Aharon Layish•ARTICLE•Bulletin of the School of…•1983•Cited by: 4•References: 1

    The Islamic system of succession is destructive of family property in that it causes its division among a great number of heirs and into uneconomic units. Succession involves a great number of participants; qur'ānic and agnatic heirs participate simultaneously (not successively)-subject, of course, to the rules of priorities and exclusions-and this increases the fragmentation of the property and the shrinking of the shares of the participants ad …

  • Marriage, Divorce and Succession in the Druze Family

    Ann Elizabeth Mayer, Aharon Layish•ARTICLE•The American Journal of…•1985

    Journal Article Marriage, Divorce And Succession in The Druze Family Get access Marriage, Divorce and Succession in the Druze Family. By Layish Aharon (Leiden: Brill, 1982. Pp. 445. Ann Elizabeth Mayer Ann Elizabeth Mayer * Associate Professor, Wharton School, University of Pennsylvania Search for other works by this author on: Oxford Academic Google Scholar The American Journal of Comparative Law, Volume 33, Issue 1, Winter 1985, Pages 111–115, …

  • Saudi Arabian Legal Reform as a Mechanism to Moderate Wahhābī Doctrine

    Aharon Layish•ARTICLE•Journal of the American Oriental…•1987•Cited by: 1

  • Waqfsand ṣūfī monasteries in the Ottoman pollicy of colonization: Sultān Selīm I's waqf of 1516 in favour of Dayr al-Asad

    Open Access•Aharon Layish•ARTICLE•Bulletin of the School of…•1987•Cited by: 2•References: 2

    A folktale current among the inhabitants of Dayr al-Asad, a little village in Western Galiee on the Acre-Safad road, repors that in the early sixteenth century a Ṣufī shaykh named al-Asad was once travelling towards Safad, when he came upon some inhabitants of cha Christian village of al-Bi'na, which then contained a monastery (dayr) and a Crusader church, and was insulted by them; moreover, while he was praying by the village spring, a lion (asa…

  • Customary khul' as reflected in the sijill of the Libyan sharĪ a; courts

    Open Access•Aharon Layish•ARTICLE•Bulletin of the School of…•1988•Cited by: 1•References: 1

    Khul', according to its shar ī definition, is a wife's 'redemption of herself' from the marriage tie, with the husband's consent, by the use of the word khul', or a verb derived from it, in return for consideration. The husband, not the wife, dissolves the marriage tie; he must be legally competent to divorce the wife, and the wife must be legally competent to enter into a contractual divorce agreement for consideration (Anderson, 1970: 367). She…

  • The Druze Testamentary waqf

    Aharon Layish•ARTICLE•Studia Islamica•1990

  • Thefatwāas an instrument of the Islamization of a tribal society in process of sedentarization

    Open Access•Aharon Layish•ARTICLE•Bulletin of the School of…•1991•References: 1

    Thefatwāis the legal opinion of a jurist not institutionalized in the classical sense: it is intended to elucidate, at the request of an inquirer, the position as to a legal issue; it is not binding on the inquirer or anyone else; unlike the judgement of aqāḍī, it is not enforceable. Thefatwāthat is the object of this paper belongs to a collection of legal documents gathered from tribal arbitrators in the Judean Desert and from the archives ofsha…

  • The Anthropology of Justice: Law as Culture in Islamic Society

    Aharon Layish, Lawrence Rosen•ARTICLE•Islamic Law and Society•1994•Cited by: 1

  • Divorce in the Libyan Family: A Study Based on the sijills of the shariʿa Courts of Ajdābiyya and Kufra

    Susan A Spectorsky, Aharon Layish•ARTICLE•Journal of the American Oriental…•1994

  • Bequests as an Instrument for Accommodating Inheritance Rules: Israel as a Case Study

    Aharon Layish•ARTICLE•Islamic Law and Society•1995

    Freedom of civil testation available, since 1965, to Israeli Muslims within some of the sharīʿa courts, has replaced the family waqf as an instrument for circumventing the compulsory rules of inheritance (ʿilm al-farāʾid). This marks in many respects the victory of custom over the sharīʿa. On the basis of an analysis of bequests probated in the sharīʿa courts, I conclude that the bequest is being used as a means to prevent fragmentation of the pa…

  • The Family Waqf and the Sharʿī Law of Succession in Modern Times

    Aharon Layish•ARTICLE•Islamic Law and Society•1997•Cited by: 6

    On the basis of an analysis of waqfiyyas collected mainly from the sijill of the sharīʿa courts of Mandatory Palestine and Israel, I seek to clarify the identity of the initial beneficiaries of the waqf and the manner in which entitlement is transmitted to and apportioned among subseqent generations of beneficiaries. I also evaluate the motives of the founder in using the waqf as an instrument for circumventing the compulsory Islamic inheritance …

  • Divorce in the Libyan Family: A Study Based on the Sijills of the Shari'ah Courts of Ajdabiyya and Kufra

    Knut S Vikør, Aharon Layish•ARTICLE•Journal of Law and Religion•2000

    This is a study of the way in which various courts in Libya deal with questions of divorce in an almost exclusive tribal, still nomadic, environment. The author explains how local divorce law is a blend of statutory, Islamic, and customary law. By investigating all the varieties of marriage dissolution recorded in the sijjilat of the shari'a courts of Ajdabiyya and Kufra and by analyzing the part played, respectively, by shari'a law, customary la…

  • The Mahdi's Legal Methodology as a Mechanism for Adapting the Sharî'a in the Sudan to Political and Social Purposes

    Open Access•Aharon Layish•ARTICLE•Revue des mondes musulmans et de…•2000•Cited by: 2

    Muhammad Ahmad b. 'Abd Alläh (mieux connu sous le nom de Muhammad al-Mahdî) dirigea, à la fin du XIXe siècle, un mouvement politico-religieux de renouveau de l'islam (Mahdiyya). L'aptitude du Mahdi à consolider une théocratie radicale au sein d'une société gérée par des coutumes tribales était dépendante des capacités d'adaptation de la charia orthodoxe aux événements que la coutume ne pouvait manquer de rencontrer et à permettre à son leader cha…

  • Legal Documents on Libyan Tribal Society in Process of Sedentarization, Part I, the Documents in Arabic, with an Anthropological Critique

    Constant Hamès, Jaya B Davis et al.•ARTICLE•Studia Islamica•2000

  • The Reinstatement of Islamic Law in Sudan under Numayrī: An Evaluation of a Legal Experiment in the Light of its Historical Context, Methodology, and Repercussions

    Aharon Layish, Gabriel R Warburg et al.•BOOK•The Reinstatement of Islamic Law…•2002

    The present study examines President Ja'far Numayrī's experiment of reinstating Islamic law in the Sudan and the methods employed to this end, in the light of its historical context and sources of inspiration. Islamist legislation, legal circulars and judicial practice are here utilized as source material for the analysis of the methodology employed in Numayrī's experiment and its application with a view to evaluating their impact on the uncodifi…

  • The Transformation of the Sharī'a From Jurists' Law to Statutory Law in the Contemporary Muslim World

    Aharon Layish•ARTICLE•Die Welt des Islams•2004•Cited by: 3

    the transformation of the SHARI ̄ { A 85 © Koninklijke Brill NV, Leiden, 2004 Die Welt des Islams 44, 1 Also available online – www.brill.nl THE TRANSFORMATION OF THE SHARμ {A FROM JURISTS’ LAW TO STATUTORY LAW IN THE CONTEMPORARY MUSLIM WORLD* BY AHARON LAYISH Jerusalem In memoriam Hava Lazarus-Yafeh 1. Introduction In this short essay I want to present the thesis that the codifica- tion of the sharo {a by Muslim legislatures, since the middle o…

  • Sharīʿa and Custom in Libyan Tribal Society: An Annotated Translation of Decisions from the Sharīʿa Courts of Adjābiya and Kufra

    Aharon Layish•BOOK•Sharīʿa and Custom in Libyan…•2005•Cited by: 4

    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…

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