Islamic Law, Tribal Customary Law and Waqf

Aharon Layish (1933-2022), Ph.D. (1973), Professor Emeritus of the Hebrew University of Jerusalem, has published extensively on modern trends in Islamic law with special reference to Israel; Islamization of tribal customary law in Libya and the Judean Desert; Muslim and Druze waqf and testamentary waqf; marriage, divorce, and succession in the Muslim and Druze family; the Mahdī’s legal methodology; and reinstatement of Islamic law in Sudan.

In Memoriam Aharon Layish (1933-2022), Ron Shaham and David S. Powers

Acknowledgments

Note from the Publisher



Introduction



Part 1 Interplay between Sharīʿa and Tribal Law

1. Customary khulʿ as reflected in the sijill of the Libyan Sharīʿa courts

2. Interplay between Tribal and Sharʿī Law: A Case of Tibbāwī Blood Money in the Sharīʿa Court of Kufra

3. Shahādat naql in the Judicial Practice in Modern Libya

4. Islamization of custom as reflected in awards of tribal arbitrators in the Judaean desert

5. The Qāḍī’s Role in the Islamization of Sedentary Tribal Society

6. Dār ʿadl – Symbiosis of Custom and Sharīʿa in a Tribal Society in Process of Sedentarization

7. The fatwā as an instrument of the Islamization of a tribal society in process of sedentarization



Part 2 Legal Methodologies in Sudan

8. The Sudanese Mahdī’s Legal Methodology and its Ṣūfī Inspiration

9. The Legal Methodology of the Mahdi in the Sudan, 1881-1885: Issues in Marriage and Divorce

10. Ḥasan al-Turābī (1932– )



Part 3 Modern Trends in Islamic Law

11. The Transformation of the Sharīʿa from Jurists’ Law to Statutory Law in the Contemporary Muslim World

12. Islamic Law in the Modern World: Nationalization, lslamization, Reinstatement



Part 4 Waqf, Testamentary Waqf and Bequests

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

14. Waqfs and Ṣūfī Monasteries in the Ottoman Policy of Colonization: Sulṭān Selīm I’s Waqf of 1516 in favour of Dayr al-Asad

15. The Mālikī Family Waqf according to Wills and Waqfiyyāt

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

17. Bequests as an Instrument for accommodating Inheritance Rules: Israel as a Case Study

18. The Muslim Waqf in Israel



Part 5 Islamic Law in a Non-Muslim State

19. The Heritage of Ottoman Rule in the Israeli Legal System: The Concept of Umma and Millet

20. Adaptation of a Jurists’ Law to Modern Times in an Alien Environment: The Case of the Sharīʿa in Israel



Index