Divorce in the Libyan family : a study based on the sijills of the sharīʿa courts of Ajdābiyya and Kufra
Author(s)
Bibliographic Information
Divorce in the Libyan family : a study based on the sijills of the sharīʿa courts of Ajdābiyya and Kufra
(New York University studies in Near Eastern civilization, no. 15)
New York University Press , Magnes Press, the Hebrew University of Jerusalem, c1991
- cloth
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Note
Includes bibliographical references (p. [217]-225) and index
Description and Table of Contents
Description
This is a study of the way in which various courts in Libya deal with questions of divorce in an almost exclusive tribal, still nomadic, environment. The author explains how local divorce law is a blend of statutory, Islamic, and customary law. By investigating all the varieties of marriage dissolution recorded in the "sijjilat" of the "shari'a" courts of Ajdabiyya and Kufra and by analyzing the part played, respectively, by "shari'a" law, customary law and some compromise between the two, he provides hard evidence on the nature of compromise on one point after another. The principles are by no means confined to the localities that are examined here in such meticulous detail. Much light is thrown on the way in which the authority of "shari'a" law habitually thought to impinge on tribal or local customs in sixth areas, on the one hand, and low Muslim courts, on the other hand, to try to adopt the principles of the "shari'a" to the exigencies of the local situation.
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