NCJ Number
132368
Date Published
1989
Length
117 pages
Annotation
The cultural basis of Islamic law and procedure is examined from the perspectives of both anthropology and law, using information from cases brought before a judge (qadi) in a small town in Morocco.
Abstract
The cases included divorce and other marital disputes, child support, property boundaries, building construction, inheritance, and other issues. The discussion emphasize that the analysis of any legal system, like the analysis of social systems generally, requires an understanding of the concepts and relationships encountered in the culture and daily social life of the society in which that legal system operates. In Arabic culture, relationships are subject to considerable negotiation. As a result, the shaping of facts in a court of law, the use of local experts, and the organization of the judicial structure all contribute to the reliance on local concepts and people to inform the range of judicial discretion. Chapter notes, illustrations, index, and 187 references