The office of qāḍī in Dār Fūr: a preliminary inquiry

1977 ◽  
Vol 40 (1) ◽  
pp. 110-124 ◽  
Author(s):  
R. S. O'Fahey
Keyword(s):  
Seventeenth Century ◽  
Democratic Republic ◽  
Customary Law ◽  
Independent Judiciary ◽  
History Of ◽  
The Law ◽  
Written Law

A written law and a separate if not independent judiciary were among the most distinctive innovations brought by Islam to the Sudanic region. The history of the reception of the sharī'a and the institutions associated with it, of its modifications of the local customary law and of the changes wrought upon it by the same customary law may help to provide a framework for more general discussions of the process of islamization within Africa. The main purpose of this paper is to describe the history of the office of qāḍī, or judicial official, in the Dār Fūr sultanate, which occupied what is now the westernmost province of the Democratic Republic of the Sudan between the mid-seventeenth century and 1916. Thus I am not so much concerned with the content of the law, whether customary or Islamic, administered within the sultanate as with who administered it.

scholarly journals ‘CHANGING TRADITIONS TO MEET CURRENT ALTERING CONDITIONS’: CUSTOMARY LAW, AFRICAN COURTS AND THE REJECTION OF CODIFICATION IN KENYA, 1930–60

1999 ◽  
Vol 40 (3) ◽  
pp. 411-431 ◽  
Author(s):  
BRETT L. SHADLE
Keyword(s):  
Daily Life ◽  
Customary Law ◽  
Colonial Rule ◽  
Law And Order ◽  
White Line ◽  
History Of ◽  
The Law ◽  
Written Law ◽  
Unwritten Law

If the aim of British colonizers, Frederick Lugard wrote, was to civilize Africans ‘and to devote thought to those matters which…most intimately affect their daily life and happiness, there are few of greater importance than the constitution of native courts’. Moreover, he argued that only from native courts employing customary law was it ‘possible to create rudiments of law and order, to inculcate a sense of responsibility, and evolve among a primitive community some sense of discipline and respect for authority’. Britain had not the manpower, the money nor the mettle to rule by force of arms alone. Essentially, in order to make colonial rule work with only a ‘thin white line’ of European administrators, African ideas of custom and of law had to be incorporated into the new state systems. In a very real way, customary law and African courts provided the ideological and financial underpinnings for European colonial rule.In Kenya from at least the 1920s, but especially in the 1940s and 1950s, administrators struggled with the question of how customary law could best be used in African courts. Prominent among their concerns was the codification of customary law, against which most administrators vigorously fought. British officials believed that reducing African custom to written law and placing it in a code would ‘crystalize’ it, altering its fundamentally fluid or evolutionary nature. Colonizers naturally harbored intentions of using the law to shape society (as Cooper has demonstrated for the Kenya coast) but a fluid, unwritten law provided much greater latitude to pursue these goals. It was necessary, as one administrator put it, to allow ‘changing traditions to meet current altering conditions’.This case study of Kenya offers a different understanding of the history of customary law.

scholarly journals PENGHULU AND MARRIAGE PROBLEMATICS OF BOUNDARY SOCIETY IN ENTIKONG AND SEKAYAM WEST KALIMANTAN

2019 ◽  
Vol 19 (2) ◽  
Author(s):  
Muhammad Ishom El-saha
Keyword(s):  
Social Economic ◽  
Customary Law ◽  
Political Factors ◽  
Marital Problems ◽  
Border Area ◽  
West Kalimantan ◽  
Border Areas ◽  
The Law ◽  
Written Law ◽  
To Receive

This study focuses on the problem’s task of Penghulu about registering marriages and problems of unregistering marriages in the border areas of Indonesia and Malaysia, especially at Entikong-Sekayam, West Kalimantan. Communities in the area complained about the absence of KUA Staff which caused them not to receive maximum service. While on staff’s KUA perception, they have worked but the community does not want to adjust to them, such as obeying the applicable provisions. There is a possibility of a gap between written law as a reference for KUA Staff and customary law for communities. With the law in action approach, it’s found legal, social, economic, and political factors that cause marital problems in the border area.

scholarly journals Democratic Practice and Good Governance In Nepal

2017 ◽  
Vol 17 ◽  
pp. 18-35
Author(s):  
Girdhari Dahal
Keyword(s):  
Democratic Republic ◽  
Good Governance ◽  
Mass Movement ◽  
Essential Elements ◽  
Fundamental Rights ◽  
Democratic Movement ◽  
Independent Judiciary ◽  
The People ◽  
History Of

Nepal was declared Federal Democratic Republic after the mass movement of 2006, which was institutionalized by the Constitution of Nepal promulgated through Constitutional Assembly (CA) in 2015. The Constitution of Nepal is the people’s constitution. It was a dream of people to draft their constitution from CA since 1951. Nepal has a long history of democratic movements. Democratic movements in Nepal started from the period of autocratic Rana regime back in 1940s. Nepal Praja Parisad (the first political party of Nepal) had started organized democratic movement in Nepal. Thereafter many democratic movements and revolutions took place for the establishment of federal democratic republic Nepal. Democracy and good governance are closely interrelated to one another. Democracy is called the rule of law. Legitimate government, transparent rule, accountability to the people, free and fair election, independent judiciary, and fundamental rights and duties of the people are the essential elements of good governance as well as democracy. The main objective of this paper is to explore democratic movements and the concept of good governance in Nepal. The paper also tries to analyze the role of democratic movements for democracy and the relation between democracy and good governance in Nepal.Journal of Political Science. Vol. 17, 2017, Page: 18-35

Censorship in Law and Practice in Seventeenth-Century England

2017 ◽  
Author(s):  
Joad Raymond
Keyword(s):  
Seventeenth Century ◽  
Early Modern ◽  
Ad Hoc ◽  
Early Modern England ◽  
History Of ◽  
The Law

Revisionist histories of censorship have contended that the state’s infrequent and essentially ad hoc interventions in print in early modern England reveal that the Whig history of censorship is a mere fiction. This chapter explores the spectrum of procedures for managing print in the period, the economic and the ideological, the typical and the exceptional, and suggests that the very arbitrariness of interventions may have been part of their effectiveness. The law combined with less formal, everyday procedures to provide a range of means of managing print that was neither the Whigs’ monolithic control nor the Revisionists’s liberal freedom.

scholarly journals Barymta – As an Institution of the Legal System

2020 ◽  
Vol 159 ◽  
pp. 05005
Author(s):  
Karlygash Useinova ◽  
Aset Toktybaev ◽  
Akylbek Isabekov ◽  
Spatai Sartaev ◽  
Aidar Zhainak
Keyword(s):  
Legal System ◽  
Legal Reform ◽  
Customary Law ◽  
Legal Regulations ◽  
The People ◽  
National Legal System ◽  
History Of ◽  
Written Law ◽  
The Republic

The article is devoted to the study of the Barymta Institute and determining its place in the customary legal system of the Kazakhs. The article shows the main stages of the emergence, development, and liquidation of Barymta; reveals the essence and content of the Barymta Institute; identifies and analyzes the main forms of Barymta manifestation. The ultimate goal of the legal reform carried out in Kazakhstan is the formation of the national legal system of the Republic of Kazakhstan. In many ways, its success depends on how much the legal heritage of the Kazakh people will be used. Traditional Kazakh society did not know written law. That is why legal regulations were of great social, regulatory and managerial importance. Without studying the customary law of the Kazakhs, developing specific, reasoned views on its nature, as many prominent scientists emphasize, it is impossible to comprehensively study the history of the people of the traditional period, especially since many issues remain completely unexplained.

scholarly journals Formalisasi Hukum Islam Kedalam Tata Hukum Indonesia

EL-Ghiroh ◽  
2019 ◽  
Vol 16 (01) ◽  
pp. 15-36
Author(s):  
Tomi Agustian
Keyword(s):  
Islamic Law ◽  
Raw Materials ◽  
Raw Material ◽  
Customary Law ◽  
The People ◽  
National Legal System ◽  
History Of ◽  
Strategic Position ◽  
The Law ◽  
Culture Of Origin

Islamic law is one of the raw materials for the national legal systems in addition to the customary law and the law of the West.Therefore Islamic law can be used as raw material for the construction of the device, order and culture of origin of national law does not conflict with the values of Pancasila and the 1945 CONSTITUTION and in accordance with the needs of the people of Indonesia law.Can not be contradicted by evidence of any kind that Islamic law has an important and strategic position in national law drafting and pmbentukan Indonesia One of the efforts to incorporate Islamic law into the national laws of grammar through transformation.This paper discusses about the effort will be the transformation of Islamic law into the law of Indonesia governance. the formalization of Islamic law if done substantively, cannot be released and must be preceded by a reference to the judiciary with constitutional considerations and the history of the nation. The process is inseparable from the history of Islamic law in Indonesia, and the policy of Indonesian legal politics in placing the position of Islamic law in the national legal system.

scholarly journals Legal Methodology in the German Dictatorships

2017 ◽  
Vol 26 ◽  
pp. 16
Author(s):  
Jan Schröder
Keyword(s):  
German Democratic Republic ◽  
Democratic Republic ◽  
Customary Law ◽  
National Socialist ◽  
Historical Interpretation ◽  
National Socialist State ◽  
Communist Ideology ◽  
The Will ◽  
The Law ◽  
Legal Methodology

The article compares the legal methodologies in the National Socialist State (NS, 1933–1945) and in the German Democratic Republic (GDR, 1949–1990). Their concept of law differed in a significant way from the preceding periods. Law was no longer regarded as the will of the community but as the will of the dictator (the ‘leader’ or the party) and at the same time as the utterance of the official ideology. This antinomy between voluntaristic and ideological principle characterises the legal methodology in both dictatorships. The theories of the sources of law are dominated by the voluntaristic, authoritative element. Therefore, the will of the ‘leader’ or the party, i.e., the statute, is the only real source of law. Customary law is negligible, judge-made law is not approved, a court’s right of inspection doesn’t exist. The ideological principle gains much greater importance in the interpretation of the law. In the NS, the law must be interpreted in accordance with the ‘National Socialist ideology’, in the GDR, which is ‘partially’ socialist, according to the communist ideology. The former voluntaristic ‘subjective-historical’ interpretation is abandoned. Jurisprudence in the NS and GDR also demanded ideological, ‘essential’ concepts, whereas the precedent ‘bourgeois’ theory preferred ‘functional’ concepts according to the specific purpose of a statute. The formation of systems failed in both dictatorships, probably because of the ideological setting.

Muscovy and the Tatars

2020 ◽  
Vol 54 (4) ◽  
pp. 403-431
Author(s):  
Bulat R. Rakhimzianov
Keyword(s):  
Seventeenth Century ◽  
Social Institutions ◽  
The Political ◽  
East European ◽  
Central Eurasia ◽  
History Of ◽  
Mutual Relations ◽  
Forest Line ◽  
The Relationship

Abstract This article explores relations between Muscovy and the so-called Later Golden Horde successor states that existed during the fifteenth and sixteenth centuries on the territory of Desht-i Qipchaq (the Qipchaq Steppe, a part of the East European steppe bounded roughly by the Oskol and Tobol rivers, the steppe-forest line, and the Caspian and Aral Seas). As a part of, and later a successor to, the Juchid ulus (also known as the Golden Horde), Muscovy adopted a number of its political and social institutions. The most crucial events in the almost six-century-long history of relations between Muscovy and the Tatars (13–18th centuries) were the Mongol invasion of the Northern, Eastern and parts of the Southern Rus’ principalities between 1237 and 1241, and the Muscovite annexation of the Kazan and Astrakhan khanates between 1552 and 1556. According to the model proposed here, the Tatars began as the dominant partner in these mutual relations; however, from the beginning of the seventeenth century this role was gradually inverted. Indicators of a change in the relationship between the Muscovite grand principality and the Golden Horde can be found in the diplomatic contacts between Muscovy and the Tatar khanates. The main goal of the article is to reveal the changing position of Muscovy within the system of the Later Golden Horde successor states. An additional goal is to revisit the role of the Tatar khanates in the political history of Central Eurasia in the fifteenth and sixteenth centuries.

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