New PDF release: Islamic Law and Society in the Sudan

By Carolyn Fluehr-Lobban

ISBN-10: 0415426006

ISBN-13: 9780415426008

This is a multi-volume assortment by means of best authors in Islamic reviews. The volumes have been initially released among 1867 and 1987. the gathering reprints texts rigorously chosen at the foundation in their impression and status, written through pre-eminent students of Islamic historical past, philosophy and faith.

The majority of the volumes reprint the unique, first variations, yet the place applicable, up to date, enlarged versions are often chosen.

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Shart' in the western provinces is treated as part of the dower and the husband does not dispute the validity of the marriage contract, so there is no place for customary law once the dispute is covered by the Shari'a such as dower or mahr. (Shari's High Court, Cassation Decree No. ) While it is clear from this case that the customary dower, 'shart', is accepted and recognized as part of the Muslim dower, mahr, the outcome depended on the supremacy of customary law or Shari'a law. The case was decided in favor of the woman, upholding the Shari'a right of the wife to the full disposition of her dower once it is agreed upon.

In the early period, apparently justice was administered directly through the political hierarchy of the sultanate, but later a system of Islamic judges and courts evolved through the progressive development of the office of qadi or judge (Spaulding, 1977: 413). ; however, customary law, under royal administration, continued to be strong. The legal texts and commentaries in the Tabaqat wad Dafalla, the best Chronicle of the Funj, indicate that a majority of Muslims in Sinnar followed the Maliki school, while a small minority were Shafi'i (O'Fahey and Spaulding, 1974: 73).

Moreover the status of women under Islam in Africa is neither uniform nor static and we will return to this point to treat it at greater length. It is fair to say at this juncture that public performance of rituals associated with Islam characteristically does not involve women in this Sahelian and North African cultural complex. In the absence of settled life and a class of 'ulama to instruct and interpret for the Muslim community, certain non-Islamic customs may have continued without interruption.

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Islamic Law and Society in the Sudan by Carolyn Fluehr-Lobban

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