Legal documents from the Judean desert : the impact of the Sharīʻa on Bedouin customary law / the texts in Arabic, English translation and annotation, glossary of Islamic and tribal customary legal terms and maxims by Aharon Layish ; with the assistance of Mūsá Shawāribah and including his Linguistic essay.
2011
KBP455 .L39 2011 (Map It)
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Author
Title
Legal documents from the Judean desert : the impact of the Sharīʻa on Bedouin customary law / the texts in Arabic, English translation and annotation, glossary of Islamic and tribal customary legal terms and maxims by Aharon Layish ; with the assistance of Mūsá Shawāribah and including his Linguistic essay.
Published
Leiden ; Boston : Brill, 2011.
Call Number
KBP455 .L39 2011
Former Call Number
Islam 130 L45 2011
ISBN
9789004201323 (hardback : alk. paper)
9004201327 (hardback : alk. paper)
9004201327 (hardback : alk. paper)
Language Note
Text in English and Arabic.
Description
xxi, 582 pages : illustrations, maps ; 30 cm.
System Control No.
(OCoLC)700735811
Bibliography, etc. Note
Includes bibliographical references (pages [551]-556) and indexes.
Record Appears in
Added Author
Table of Contents
Preface
xi
Acknowledgments
xix
Map: The Bedouin of the Judean Desert
xxii
Introduction
Introduction One
Tribal Arbitrators' Documents as a Source of Legal History
3
Introduction Two
The Sedentary Bedouin of the Judean Desert
16
Introduction Three
Tribal Judiciary and Customary Law
37
The Printed Arabic Texts, English Translations and Annotation
pt. One
Blood Offenses
doc. One
Submission, Tribal Award and Registration with Notary Public (1978)
51
doc. Two
Murder with No Witnesses and Exculpatory Oath at al-Aqsa Mosque (1954)
57
doc. Three
Blood-Money Pact Reducing Tribal Liability (1966)
61
doc. Four
Dissociation from Blood Group's Liability on Individual's Initiative (1963)
69
doc. Five
Unintentional Vehicular Homicide and Reconciliation in the Presence of a Qadi and a Mufti (1955)
73
doc. Six
Unintentional Homicide Entailing Diya Muhammadiyya (1975)
77
doc. Seven
Diya Muhammadiyya in the Presence of a Shar'i Qadi (1957)
83
doc. Eight
An Eye for an Eye or Monetary Compensation (1956)
87
doc. Nine
Amputation of the Hand or Compensation of One-Third of a Diya of a Person (1973)
93
pt. Two
Sexual Offenses
doc. Ten
Abduction, Marriage and Closure of Criminal File (n.d.)
103
doc. Eleven
Offense against a Woman's Chastity (Sa'ihat al-Duha) (1956)
109
pt. Three
Offenses Against Property
doc. Twelve
Cutting Down Trees, Damage to a Well, etc. (1976)
117
doc. Thirteen
Tribal Agreement on Regulations Relating to Corn Theft (1949)
123
pt. Four
Marriage and Family
a.
Marriage Contract
doc. Fourteen
Mukhtars' Petition Concerning Shar'i Marriage (n.d.)
129
doc. Fifteen
Shar'i Confirmation of a Customary Marriage (1956)
133
doc. Sixteen
Shar'i Marriage Contract (1958)
137
doc. Seventeen
Resort to Tribal Qadi Following the Shari'a Court's Failure to Solve a Dispute (1963)
143
b.
Mahr
doc. Eighteen
Prompt Mahr Given to a Bride's Mother in Trust (1934)
149
doc. Nineteen
Acknowledgment of Mahr as Debt (1934)
153
doc. Twenty
Agreement between Brothers on Mobilizing Mahr out of the Estate (1957)
157
doc. Twenty-One
Tribal Agreement on Mahr (1940)
161
c.
Maintenance and Obedience
doc. Twenty-Two
Shar'i Judgment Granting Maintenance (1964)
165
doc. Twenty-Three
Bayt Shar'i, Obedience and Divorce in the Shari'a Court (1970)
171
d.
Divorce
doc. Twenty-Four
Customary Khul': Compensation to Divorcing Husband on his Wife's Remarriage (1959)
177
doc. Twenty-Five
Khul' Prior to Consummation to be Effected in the Shari'a Court (1966)
181
doc. Twenty-Six
Consensual Divorce with Sureties to be Effected in the Shari'a Court (1974)
187
doc. Twenty-Seven
Tribal Award of Separation to be Accomplished by Shar'i Talaq (1972)
193
doc. Twenty-Eight
"Renunciation Divorce" on the Wife's Initiative in the Shari'a Court (1962)
199
doc. Twenty-Nine
Shar'i Legal Opinion on Oath of Suspended Divorce (n.d.)
203
e.
Relations between Parents and Children
doc. Thirty
Agreement on a Child's Custody and Maintenance (1979)
211
doc. Thirty-One
Replacement of Guardian of Minors' Property by a Shar'i Qadi (1904)
217
pt. Five
Land and Water
a.
Private Property
1.
Hire and Lease
225
doc. Thirty-Two
Tenancy Contract (Muzara'a) (1973)
225
doc. Thirty-Three
Lease of Land for Rent (1959)
229
2.
Sale of Land
233
doc. Thirty-Four
Shar'i Sale "in accordance with Local Customs and Practice" (1940)
233
doc. Thirty-Five
External Deed of Sale (1964)
239
doc. Thirty-Six
Shar'i Absolute Sale prior to the Mejelle (1831)
243
doc. Thirty-Seven
Sale "Free from Pledge, Attachment, Pre-emption or Lease" (1945)
249
doc. Thirty-Eight
Breach of Sale Contract Entailing Legal Interest and Damages (1936)
255
doc. Thirty-Nine
Exchange of Land (1962)
261
doc. Forty
Exchange of Land and Prohibition of Interest (1954)
267
doc. Forty-One
Surety Sued for his Principal's Breach of Contract of Sale (1972)
273
doc. Forty-Two
Power of Attorney for Sale of Land (n.d.)
281
doc. Forty-Three
Breach of Contract of Sale and Liability for Damage (1947)
287
doc. Forty-Four
Sale of Water Rights under Shar'i, Ottoman, and Tribal Law (1321/1903)
291
3.
Pre-emption
297
doc. Forty-Five
Right of Pre-emption Based on Blood Relationship (1965)
297
doc. Forty-Six
Purchaser of Land Renouncing in Favor of Seller's Paternal Cousins (1961)
303
4.
Sale with the Right of Redemption
307
doc. Forty-Seven
Sale of Land with Right of Redemption Combined with Pledge (1933)
307
doc. Forty-Eight
Right of Redemption for Ten Years and Conversion to Pledge (1867)
311
doc. Forty-Nine
Sale of Land with Purchaser's Right of Rescission (1944)
317
5.
Pledge
323
doc. Fifty
Pledge of Land in Return for Interest-Free Loan (1952)
323
doc. Fifty-One
Pledge with Right of Cultivation Granted by a Woman for Interest-Free Loan (1927)
327
doc. Fifty-Two
Pledge of Cistern with Water Rights in Return for Loan (1935)
331
doc. Fifty-Three
Conversion of Pledge of Land into Sale and its Resale to the Pledger (1345/1926)
335
b.
Tribal Territory
doc. Fifty-Four
A Dispute Relating to Tribal Boundaries, Oath and Tazkiya by Five Persons (1935)
339
doc. Fifty-Five
Agreement Concerning Partition of Desert Land among Tribes (1935)
349
doc. Fifty-Six
Agreement Concerning Partition of Tribal Land for the Purpose of Land Settlement (1954)
357
pt. Six
Animals
doc. Fifty-Seven
Sale "according to the Custom Relating to Horses" (1947)
363
doc. Fifty-Eight
Sale of Mare with Seller's Right to First Two Fillies (1950)
369
doc. Fifty-Nine
Shar'i Sale of Small Stock by Husband to Wife (1929)
373
doc. Sixty
Herding Contracts ('Udula): Customary Partnership in a Herd of Goats (1956)
377
doc. Sixty-One
Herding Contracts: Partnership in Sheep Herds (n.d.)
381
pt. Seven
Obligations
doc. Sixty-Two
Deposit of Money in Trust for Public Purposes (1960)
387
doc. Sixty-Three
Transfer of Debt (Hawala) (1968)
391
doc. Sixty-Four
Promissory Note and Hawala (1947)
395
doc. Sixty-Five
Partnership in a Bus Company (1960)
399
doc. Sixty-Six
Registration of Bus Company as Stock Company (after 1959)
405
doc. Sixty-Seven
Partnership in Building a Bridge (n.d.)
409
doc. Sixty-Eight
Partnership in a Production of Minerals (1964)
413
doc. Sixty-Nine
Tribal Agreement on the Building of a Public Road (1965)
419
pt. Eight
Succession and Wills
doc. Seventy
Woman's Renunciation of her Share in an Estate in Favor of her Brother (1956)
427
doc. Seventy-One
Division of a Deceased Woman's Mahr among her Brothers (1955)
431
doc. Seventy-Two
Redistribution of an Estate after Issuance of a Shar'i Succession Order (1958)
435
doc. Seventy-Three
"Non-Shar'i Jahili Testamentary Disposition after Death" (1975)
443
doc. Seventy-Four
A Will in Favor of Daughters Presented as a Gift Inter Vivos (1954)
449
THE FACSIMILE REPRODUCTIONS
The Facsimile Reproductions of the Arabic Documents
455
Inventory of the Sources of Documents
533
APPENDIX
"Some Linguistic Characteristics of Arabic Legal Documents Collected from the Bedouin of the Judean Desert," / Musa Shawarbah
537
Bibliography
551
Glossary of Islamic and Tribal Customary Legal Terms and Maxims
557
General Index
575
Index of Arbitrators, Sureties, Qadis and Muftis
582