By Yossef Rapoport The burying of the hatchets was part of the diplomatic culture among the Iroquois Five Nations of northeastern North America. In negotiating with outsiders, they refer to … Continue reading Bury the Hatchet, Bedouin Style
On the Disinheritance of Women
By Yossef Rapoport In his introduction to his influential and widely-cited survey on tribal law in the Arab world, Frank Stewart posits that weak pre-modern Muslim states were unable to … Continue reading On the Disinheritance of Women
Whose Custom is it?
By Yossef Rapoport Was custom a valid source of law for Muslim jurists? The straightforward, formal answer is no, as customary practice is not one of the classical four sources. … Continue reading Whose Custom is it?
Problematizing Custom and Customary Laws
By Yossef Rapoport Recent scholarship on Islamic law tends to accord a positive value to custom. In Wael Hallaq’s compelling narrative, custom and customary law were the medium by which … Continue reading Problematizing Custom and Customary Laws
Tribal Law as Islamic Law: The Berber Example
By Lawrence Rosen Some years ago I went up to the Middle Atlas Mountains of Morocco. That evening, over sweet mint tea and languorous conversation, I happened to mention to … Continue reading Tribal Law as Islamic Law: The Berber Example