Interplay between Tribal and Sharī Law
A Case of Tibbāwī Blood Money in the Sharīa Court of Kufra
Bibliographic Data
| ID | 12192554 |
|---|---|
| Authors | Aharon Layish (corresponding author) |
| Year | 2006 |
| Volume | 13 |
| Issue | 1 |
| Pages | 63-75 |
| Publication date | 2006-01-01 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | Islamic Law and Society (JOURNAL) |
| Journal identifiers | ISSN: 0928-9380 • E-ISSN: 1568-5195 |
| Publisher | Brill (PUBLISHER • NL) |
| DOI | 10.1163/156851906775275420 |
| OpenAlex | W1965812688 |
| Language | EN |
| Citations received | 5 |
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 relatives reflects a compromise between tribal and sharī law. By conferring sharīa legitimacy on an earlier out-of-court agreement, the qādī contributes to bringing tribesmen within the orbit of the sharīa
Apportionment · Common law · Compromise · Islam · Legitimacy · Political science · Politics · Sharia · Theology · Tribe · African history and culture analysis · African Studies and Geopolitics · Islamic Studies and History · Law · Philosophy
| Unique citing works | 5 |
|---|---|
| Citations per year | 0,36 |
| Citation span | 2012 - 2023 (12) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 5 |