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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

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Customary and Shari'ah Law in Arabian Society

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ISBN13: 9780860782995
ISBN: 0860782999
Published: March 1993
Publisher: Ashgate Publishing Ltd
Format: Hardback
Price: £100.00

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The society and legal systems of South Arabia, both ancient and modern, form the subject of this second collection of articles by Professor Serjeant. His approach has been to make a detailed study of modern social structures and legal customs and to relate these to what we know of ancient law and society. The traditional tribal society of the region, he argues, has preserved in its customary law and practice a very great deal that derives directly from the pre-Islamic period, whereas the shari'ah, the law of Islam, though stemming from the same sources, has often diverged significantly from it. An understanding of the modern situation, therefore, is of immediate relevance to the interpretation of pre-and early-Islamic society. Among the particular topics covered are the interplay between tribal affinities and religious authority, marriage legislation and the ""Frankish chancre"" (syphilis), and maritime customary law. From an ethnographic viewpoint, furthermore, these studies also record peoples and lifestyles that have been increasingly overwhelmed by contemporary events.

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Islamic Law
The Dacif and the Mustadcaf and the status accorded them in the Qur'an; the Caliph cUmar's letters to Abu Musa al-Ashcari and Mucawiya; the interplay between tribal affinities and religious (Zaydi) authority in the Yemen; the cAwdhillah Confederation with some reference to al-Hamdani; Dawlah, tribal shaykhs, the Mansab of the Waliyyah Sacidah, qasamah, in the Fadli sultanate, South Arabian Federation; Yafic, Zaydis, Al Bu Bakr b. Salim and others - tribes and Sayyids; the Macn ""Gypsies"" of the East Aden Protectorate; a Judeo-Arab housedeed from Habban (with notes on the former Jewish communities of the Wahidi Sultanate); famine without loss of honour in ancient Arabia and Yemeni Arhab; the ""White Dune"" at Abyan - an ancient place of pilgrimage in Southern Arabia; forms of pleas - a Safici manual from al-Sihr; two tribal law cases (documents), Wahidi, Sultanate, Southwest Arabia; maritime customary law off the Arabian coast; Omani naval activities off the southern Arabian coast in the late 11th/17th century, from Yemeni chronicles; notes on the ""Frankish Chancre"" (syphilis) in Yemen, Egypt and Persia; notes on some aspects of Arab business practices.