Anthropology of law in Muslim Sudan : land, courts and the plurality of practices / edited by Barbara Casciarri, Mohamed A. Babiker.

Online resource; title from PDF title page (EBSCO, viewed May 2, 2018).

Includes bibliographical references and index.

Anthropology of Law in Muslim Sudan' analyses the hybridity of law systems and the plurality of legal practices in rural and urban contexts of contemporary Sudan, shedding light on the complex relation between Islam and society. It is the outcome of the international research program ANDROMAQUE (Anthropologie du Droit dans les Mondes Musulmans Africains et Asiatiques), funded by the French ANR (Agence National de la Recherche) between 2011 and 2014. Crossing two disciplinary perspectives, anthropology and law, the present volume contains original fieldwork data on contemporary urban and rural Sudan. Focusing on two major domains, land property and courts, several case studies demonstrate the relevance of an approach based on "legal practices" to underline, first, the plurality and hybridity of law systems and the relative role of the Islamic reference in Sudanese society, and, secondly, the reshaping of legal behaviors and norms after the breaking point of South Sudan's independence in 2011.0.

Machine generated contents note: pt. 1 Land Issues: Dynamics of Appropriation and Legal Frameworks -- 1. Land Alienation as a Legal, Political, Economic and Moral Issue in the Nile Valley of North Sudan / Enrico Ille -- 2. Claiming Tribal Land Rights in a Global Context. Institutional Bricolage and Definitions of 'urf among Pastoralists in Khartoum State / Barbara Casciarri -- 3. Ambiguous Land Ownership in al-Salha, Omdurman: Land Grabbing or "Business as Usual"? / Munzoul M.A. Assal -- 4. Access to Land for Non-Muslims in Greater Khartoum: Disclosing Divergent Minority Models in International and Sudanese Laws / Philippe Gout -- 5. Communal Customary Land Rights in Sudan: The Need for a Comprehensive Reform of Statutory Land Laws / Mohamed A. Babiker -- pt. 2 Statutory and Non-Statutory Courts: Principles and Practices for Dispute Settlement -- 6. Dynamics of Dispute Management in South Gedaref State, Eastern Sudan: An Anthropological Approach / Zahir M. Abdal-Kareem -- 7. Voluntary Dispute Resolution Forums in al-Hilla al-Jadida Squatter Settlement, Omdurman / Musa A. Abdul-Jalil -- 8. Conflict, Property, Mortgage and State Courts in Khartoum / Yazid Ben Hounet -- 9. Customary Courts: Between Accommodating and Countering the Hegemony of the Laws of the State: The Case of Mayo / Azza A. Abdel Aziz -- 10. Customary Law and Courts in the Context of Sudan's Legal Pluralism: Marginalized or Empowered under English Common Law and Islamic Law? / Mohamed A. Babiker -- Annexes -- Fieldwork Legal Documents -- 1.1. Map of the 42 registered sagiyya land plots of Kerma Balad in 1929 (photographed in the land office in Argo, 15 November 2016) -- 2.1. Land possession certificate (shihadat hiyaza) for a rain-fed agricultural plot issued by the village Popular Committee, Timaim, 20 March 2005 -- 3.1. Land property certificate (shihadat milkiyya) issued by the Sudan Judiciary, Abu Se'id, 2 May 2012 -- 4.1. Initial application for land registration and building licence, Sudan Church of Christ, Medinat al-Bashir Gharib, July 1992 -- 4.2. Cadastral plan of Medinat al-Bashir Gharib, Local Planning Office, 1992 -- 4.3. Complaint to Haj Yusif Locality (Mahalliyya), Sudan Church of Christ, Medinat al-Bashir Gharib, 22 April 1996 & hand-written reply from the Director of the Mahalliya -- 4.4. Application for land registration and building licence before the Head of the Popular Committee for Medinat al-Bashir Gharib, Sudan Church of Christ, Medinat al-Bashir Gharib, 27 May 2007 -- 4.5. Initial approval from the State Ministry of Guidance and Endowments & decision of non-objection from the Council of Appeals of the State Ministry of Social and Cultural Affairs, Khartoum, 31 August 2010 -- 8.1. Boad traffic accident complaint form, General Administration of Traffic, Khartoum, 28 June 2004 -- 8.2. Withdrawal of mortgage on land, Khartoum Penal Court of the Circulation Administration, 19 July 2010 -- Excerpts from Sudan's Statutory Land Laws 1900 -- 2015.

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