Early American Slave Law

2021 ◽  
Author(s):  
Sally Hadden
Keyword(s):  
South Carolina ◽  
Native Americans ◽  
Islamic Law ◽  
Financial Burden ◽  
Customary Law ◽  
Early America ◽  
Oral Transmission ◽  
Early American ◽  
Weak Evidence ◽  
English Colonies

Slave law in early America may be found in the formal written laws created in metropolitan places such as Paris or Madrid as well as locally within English colonies such as Barbados or South Carolina. These written laws constitute only one portion of the known law governing slave behavior, for individual masters created their own rules to restrict enslaved persons. These master-made rules of conduct almost never appear in print and were conveyed most often through oral transmission. Such vernacular laws provide another element of the limitations all enslaved people experienced in the colonial period. Those without literacy, including Native Americans or illiterate settlers, nonetheless had rules to limit slave behavior, even if they remained unwritten. Customary law, Bible precepts, and Islamic law all provided bases for understanding the rules that bound unfree persons. Most colonial law mandated barbaric punishments for slave crime, though these were sometimes commuted to banishment. Spanish and French codes and local ordinances did not always agree on how slaves should be treated. The numerous laws found in English colonies, sometimes wrongly denominated as codes, spread widely as individuals migrated; the number and variety of such laws makes comprehensive transimperial comparisons challenging. Laws might occasionally ban keeping slaves or trading in them, but most such laws were ignored. Slave courts typically operated in arbitrary, capricious ways that assumed slave guilt and accepted weak evidence to prove it. Runaways might, if they joined strong maroon communities (bands of runaways living together), end up enforcing the laws against slave flight, much as slave catchers and slave patrols did. Laws to prevent manumission by a master frequently required the posting of bonds to prevent those freed from becoming a financial burden on their communities. Later manumission laws often mandated the physical departure of those freed, creating emotional turmoil for the newly emancipated.

Reconsidering Theory: Power, the Learning Body, and Cultural Change during Early American Colonization

2011 ◽  
Vol 1 (3) ◽  
pp. 191-214
Author(s):  
James O'Neil Spady
Keyword(s):  
Native Americans ◽  
Cultural Change ◽  
The Body ◽  
Early America ◽  
Theoretical Concepts ◽  
Early American ◽  
Individual Agency ◽  
Research And Teaching ◽  
Power And Agency ◽  
Relations Of Power

AbstractThis essay participates in recent calls for more direct engagement with theory in research and teaching within History and Early American Studies. Over the last decade voices have gathered for a reconsideration of fundamental theoretical concepts in the historiography of culture. This essay reconsiders theory on semiotics, learning, and the body to reopen a conceptual problem in early American cultural historiography: the relationships between organized power and individual agency. I suggest an approach to power and agency specifically tuned to the conditions of early America colonization, which was more intimate and diverse while possessing fewer institutions and less communications-saturation than a focus on myth, ideology, or discursive formations might assume. Reconsidering semiotics as embodied allows a conception of the body as a learning entity creatively mediating discourses and social constructions and thereby generating new historical identities and relations of power. The argument draws on studies on gender/sexuality, Native Americans, and the enslaved and takes cues from the work of Gyatri Spivak, Ann Laura Stoler, Michel Foucault, Lev Vygotsky, and Charles Sanders Peirce.

Ambiguities of Colonial Law: the Case of Muhammadu Aminu, Former Political Agent and Chief Alkali of Kano

2009 ◽  
Vol 36 ◽  
pp. 17-52
Author(s):  
Philip Atsu Afeadie
Keyword(s):  
Rule Of Law ◽  
Islamic Law ◽  
Customary Law ◽  
Religious Leader ◽  
Political Agent ◽  
Judicial Administration ◽  
Western Law ◽  
Political Agents ◽  
Productive Systems ◽  
Colonial Government

Colonial law in Africa involved European moral and legal codes representing some rules of western law, as well as elements of African customary law. However, the colonial situation embodying political and economic domination necessarily negated the ideal practice of the rule of law. Nevertheless, the need arose to introduce some aspects of western law and codes of administration, including salary and benefits schemes for African employees of the colonial government, and legal entitlements such as court trials for accused government employees. These considerations were deemed necessary, if at least to propitiate metropolitan critics of the colonial establishment. Also some rule of law was required for the organization of the colonial economy, including regulation of productive systems and commercial relations. As well, the need for indigenous support necessitated dabbling in indigenous customary conventions. In Muslim polities such as Kano in northern Nigeria, customary conventions included Islamic law.On the establishment of colonial rule in Kano, judicial administration was organized on three principal institutions, involving the resident's provincial court, the judicial council (emir's court), and the chief alkali's court in Kano City with corresponding district alkali courts. The resident's provincial court had jurisdiction over colonial civil servants, including African employees such as soldiers, police constables, clerks and political agents. Also, the provincial court was responsible for enforcing the abolition of the slave trade in the region. The judicial council, classified as “Grade A” court, was composed of the emir, thewaziri(chief legal counselor), the chiefalkaliof Kano (chief judge), theimam(the religious leader of Kano mosque), thema'aji(treasurer), and general assistants including some notable scholars of Kano city. The council adopted thesha'ria(Muslim law) and local Hausa custom, and its jurisdiction extended over “matters of violence, questions of taxation and administration, and cases involving property rights, whether over land, livestock, trade goods, or slaves.” On the issue of capital sentencing, the judicial council required the approval of the resident. The council was also prohibited from authorizing punishments involving torture, mutilation, or decapitation.

Paternalism to Partnership: The Administration of Indian Affairs, 1786–2021

2022 ◽  
Author(s):  
David Dejong
Keyword(s):  
Political Philosophy ◽  
Native Americans ◽  
Social Philosophy ◽  
Indian Policy ◽  
The Political ◽  
Biographical Sketch ◽  
Early American ◽  
Indian Affairs ◽  
Secretary Of War

Paternalism to Partnership provides a biographical sketch of each head of Indian affairs between 1786 and 2021 in context with each commissioner’s political philosophy. These administrators have been responsible for enforcing an Indian policy as directed by the president and/or the Congress but also influenced by their own political and social philosophy. From 1786-1848, authority was delegated to a superintendent of Indian affairs, a superintendent of the Indian trading houses, a superintendent of the Office of Indian Trade, a chief clerk, and a commissioner of Indian affairs, all of whom reported to the secretary of War. Since 1849, the commissioner of Indian affairs, and after 1977, the assistant secretary for Indian affairs have reported to the secretary of the Interior.   Today, the BIA is administered by the assistant secretary for Indian affairs—all of whom have been Native Americans. Previous studies focused on the commissioners, completely overlooking the superintendents that preceded them and the colonial and early American antecedents. David DeJong’s documentary edition is the first to provide an understanding of the political philosophy of each head of the Indian bureau through the emphasis of policy.

scholarly journals The Position of Women's Heritage Rights in the Context of Islamic Heritage in Indigenous Mandailing in Sipirok District, Tapanuli Selatan Regency

2020 ◽  
Vol 3 (1) ◽  
pp. 531-539
Author(s):  
Muhammad Yusuf Siregar ◽  
Risdalina Risdalina ◽  
Sriono Sriono
Keyword(s):  
Islamic Law ◽  
Legal Aspects ◽  
Customary Law ◽  
Legal Basis ◽  
Inheritance Law ◽  
The Republic ◽  
The Right ◽  
To Receive ◽  
Inheritance Laws

This study aims to analyze the legal aspects of the Position of Inheritance Rights of Girls in the Context of Islamic Inheritance in Indigenous Mandailing in Sipirok District, South Tapanuli Regency. This research is empirical normative namely research by looking at existing conditions in the field by linking the source of Islamic Law and the legal source of Regulations in force in the Republic of Indonesia. The benefits to be received from the results of this study are to determine the Position of Inheritance of Girls in the Context of Islamic Law and Regulations in Indonesia and the Position of Inheritance of Girls in the Context of Islamic Inheritance in Mandailing Customs in Sipirok District, South Tapanuli Regency, the results of the study stated that In Islamic Inheritance Law strongly recognizes the position of the daughter in receiving inheritance with a strong legal basis in accordance with the al-Qur’an. In Islamic Inheritance Laws, a daughter has a position as Nasabiyah's heir so that she has the right to receive inheritance. In the Mandailing customary inheritance law in Sipirok Mandailing Natal, the position of a daughter is considered as an heir when a male heir is found, but if the girl is a mere woman, the woman is not entitled to inheritance from her parents. The distribution of inheritance in the Mandailing Inheritance law in Sipirok Mandailing Natal uses local customary law, as a basis for the distribution of inheritance which is still being realized in the Community.

scholarly journals KAJIAN PERBANDINGAN DALAM PEMBAGIAN WARIS BERDASARKAN PADA HUKUM ISLAM DAN HUKUM ADAT

2018 ◽  
Vol 3 (1) ◽  
Author(s):  
Anwar Hidayat ◽  
M. Gary Gagarin Akbar ◽  
Deny Guntara
Keyword(s):  
Property Rights ◽  
Research Method ◽  
Islamic Law ◽  
Customary Law ◽  
Inheritance Law ◽  
Hereditary System ◽  
The Family ◽  
The Status ◽  
Approach Method ◽  
The Subject

Abstrak Pemberlakuan aturan mengenai kewarisan di Indonesia selama ini terjadi perdebatan antara para ahli hukum tentang status hukum Islam dan hukum adat.Berkaitan dengan permasalahan dalam hukum waris pada hukum Islam dan hukum Adat, maka perlu adanya kesesuaian bagi masyarakat yang akan mempergunakan masing-masing hukum tersebut dalam menyelesaian warisannya kepada sang ahli waris yang berhak. Ketentuan hukum Islam di Indonesia belum merupakan undang-undang (kodifikasi) haruslah sistematis dan prosedural, harus jelas siapa subyek dan obyeknya dan diundangkan oleh lembaga yang berwenang dalam negara. Rumusan masalah dalam penelitian ini adalah bagaimana perbandingan dalam pembagian waris berdasarkan pada hukum islam dan hukum adat. Metode penelitian ini menggunakan metode kualitatif dengan metode pendekatan yuridis empiris. Hasil penelitian yaitu Hukum waris Islam telah menempatkan atauran kewarisan dan hukum mengenai harta benda dengan sebaik-baiknya dan seadil-adilnya. Islam menetapkan hak milik seseorang atas harta, baik bagi laki-laki maupun perempuan seperti perpindahan hak milik dan perempuan pada waktu masih hidup atau perpindahan harta kepada ahli warisnya setelah ia meninggal dunia. Hukum waris adat berpangkal dari bentuk masyarakat dan sifat kekeluargaan yang terdapat di Indonesia menurut sistem keturunan, dan setiap sistem keturunan yang ada mempunyai kekhususan dalam hukum waris yang satu dengan yang lain berbeda-beda. Kata Kunci:Waris, Hukum Islam, Hukum Adat Abstract The enactment of the rules regarding inheritance in Indonesia has been a debate between legal experts about the status of Islamic law and customary law. In connection with problems in inheritance law in Islamic law and Customary law, it is necessary for the community to use each of these laws in complete the inheritance to the rightful heirs. The provisions of Islamic law in Indonesia are not yet laws (codification) must be systematic and procedural, it must be clear who the subject and object are and are promulgated by the authorized institutions in the country. The formulation of the problem in this study is how comparisons in inheritance distribution are based on Islamic law and customary law. This research method uses qualitative methods with an empirical juridical approach method. The results of the research, namely Islamic inheritance law has placed the inheritance and law regarding property as well as possible and as fair as fair. Islam establishes someone's property rights, both for men and women, such as the transfer of property rights and women while still alive or the transfer of property to his heirs after he dies. The customary inheritance law stems from the form of the community and the family character found in Indonesia according to the hereditary system, and each of the offspring systems that have specific inheritance laws is different from one another Keyword: Inheritance, Islamic Law, Customary Law

scholarly journals Antara Hukum Islam dan Adat; Sistem Baru Pembagian Harta Warisan

2020 ◽  
Vol 5 (2) ◽  
pp. 166-180
Author(s):  
Fatahuddin Aziz Siregar
Keyword(s):  
Supreme Court ◽  
Islamic Law ◽  
Field Research ◽  
Customary Law ◽  
Total Change ◽  
Positive Law ◽  
The Supreme Court ◽  
The Status ◽  
Using Data ◽  
Adat Law

The South Tapanuli community adopts a patrilineal kinship system so that women do not get inheritance, even if there is acquisition of property, women receive it not in their capacity as heirs but in the form of holong ni ate as confirmed in the Supreme Court Jurisprudence number 506K / Sip / 1968 dated January 22, 1969 However, on the other hand the Tapsel community underwent a process of Islamization that was quite deep, so that the customary law of South Tapanuli was also influenced by positive law including Jurisprudence which gave heir to girls later issued by the Supreme Court number 528K / Sip / 1972 dated 17 January 1973. This rule makes the practice of distributing the assets of Tapsel's community inheritance also shifts no longer according to the full provisions of adat law.This paper focuses on answering the factors that cause the shift in Batak customary inheritance in Tapsel, how the form of Batak adat inheritance shifts in Tapsel, and how the role of Islamic law in the shifting Batak customary inheritance in Tapsel. To answer this, use descriptive-analytical field research using data collection techniques in the form of observations and interviews with traditional leaders, religious leaders, judges and the community who carry out the distribution of inheritance.From this search, the authors found that the practice of inheritance in Tapsel society has shifted from adat inheritance caused by two factors, namely, First, the factor of Islamic law because Tapsel people have understood Islam well and run it in various fields of life including in the distribution of inheritance. Given that there are dozens of Islamic education institutions in Tapsel according to the author has given a pretty good understanding of Islamic law. So in general it can be said, that this change is a consequence of the Islamization process experienced by the Tapsel people. Second, is the factor of higher power or positive law because until now the community still believes that only the Religious Courts as a place to solve the problem of inheritance to obtain legal certainty.The shift to adat inheritance occurs in several patterns. The first pattern is a total change from customary form to division according to faraid, this pattern occurs in areas that are fairly Islamic, namely the Mandailing Natal region, although of course there are some people who divide in a way that is not consistent in carrying out Islamic law. The second pattern is to carry out adat law, namely in communities that are relatively strict with adat, namely in the Padang Lawas and Sipirok regions, in this area many cases seem to have carried out faraid formally but the substance still reflects the spirit of adat law. The third pattern, namely the way of division which is a combination of Islamic law and customary law, which is a fairly moderate community in the Angkola region.Islamic law has contributed by shifting the implementation of customary law to Islamic law. People who according to customary law do not receive inheritance become heirs who receive a certain portion. At first the mother did not count as an heir, then given a part 1/3 or 1/6. Istdri initially did not get any portion of the inheritance then received 1/4 or 1/8. Girls initially only have the status of olong ate, then receive a relatively large portion, which is 1/2 or 2/3.

scholarly journals PRESS DISPUTE RESOLUTION: METODOLOGI RESOLUSI KONFLIK BERBASIS MEDIA

2021 ◽  
Vol 20 (1) ◽  
pp. 63-90
Author(s):  
Kurnia Sari Wiwaha ◽  
Ustadi Hamsah
Keyword(s):  
Dispute Resolution ◽  
Islamic Law ◽  
Online News ◽  
Moral Judgement ◽  
Customary Law ◽  
Treatment Recommendation ◽  
Online Media ◽  
Framing Analysis ◽  
Analysis Technique ◽  
The Media

Islam has been known as a religion of Rahmatn lil’alamiin which guarantees inclusion and maintains a treatise on all humanity. However, the interpretation of universality of Islam does not meet a common understanding even though within Muslim community itself. Those diverse interpretations have resulted in how the universality of Islam has been expressed. One of those quarrels toward interpretation is the discussion of Islam Nusantara. West Sumatera is one of the regions in Indonesia which implements Islamic law as its customary law in which rejection against Islam Nusantara has been echoed across the borders. The rejection caused reactions from various parties since West Sumatera strongly stated the rejection as a way for preserving it. Those dispute has been sharpened by the online news in several Indonesian media that began to raise the phenomenon up. This research aim to find out how those medias frame the news and whether online media contribute on minimizing public tensions. This research used descriptive method with qualitative approach. The source of the data focused on Indonesian online media news on 2018 and was analyzed with framing analysis from Robert N. Entman and also using the concept of treatment recommendation as an analyzes of dispute resolution. The results discovered that media with its framing analysis technique has their own moral judgement and treatment recommendation as a form of dispute resolution towards discourses in the media. This moral judgment can show the tendency and alignment of a media regarding an issue. In addition, the media also has an important role in developing the audience’s mindset in the midst of dispute it can be analyzed from the treatment recommendation that can be used as a media based dispute resolution.   Islam merupakan agama rahmatan lil ‘alamiin dan bersifat universal serta hadir sebagai sebuah risalah seluruh umat manusia. Akan tetapi, pemaknaan terhadap universalitas Islam tidak seragam terlebih pemaknaannya bagi kalangan umat Islam itu sendiri. Hal ini menimbulkan banyak interpetasi yang bermacam-macam untuk mengekspresikan universalitas Islam ini. Salah satu bentuk interpretasi ini adalah munculnya istilah Islam Nusantara yang kembali menuai perdebatan. Sumatera Barat merupakan salah satu wilayah di Indonesia dengan hukum Islam dan adatnya yang sangat kuat menolak pengistilahan ini. Penolakan ini menimbulkan banyak reaksi dari beberbagai pihak. Hal ini dikarenakan, Sumatera Barat yang sangat menjaga kelestarian budayanya menolak wacana ini yang memiliki visi samaseperti yang dimiliki Sumatera Barat. Arena pertarungan ini diperluas oleh adanya pemberitaan di media-media online Indonesia yang mulai mengangkat fenomena ini. Penelitian ini dilakukan untuk menemukan bagaimana media membingkai pemberitaan dan apakah media juga memiliki peran untuk meminimalisasi ketegangan yang terjadi antara pihak yang bertikai. Metode yang digunakan adalah metode deskriptif dengan pendekatan kualitatif. Sumber data yang diperoleh mengacu pada pemberitaan media online mainstream Indonesia pada tahun 2018 dan dianalisis dengan menggunakan teknik analisis framing media model Robert N. Entman dan treatment recommendation sebagai bentuk dispute resolution wacana di media. Hasil dari penelitan ini mengungkapkan bahwa dalam pembingkaian sebuah berita, media memiliki moral judgement-nya masing-masing. Moral Judgement ini yang dapat memperlihatkan arah atau keberpihakan suatu media terhadap suatu isu. Selain itu, media juga memiliki peranan penting dalam mendewasakan khalayak di tengah konflik. Hal ini terlihat dari adanya treatment recommendation yang dapat digunakan sebagai dispute resolution berbasis media.

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