This book is based on an extensive field work in which the author tried to study the customary law of property of an African agrarian tribal community of Āma - also known as Nyimaŋ - of the Nuba Mountains in the northern Sudan. The writer has tried to explain the nature of property holding in the light of the people's philosophy evidenced in their social structure and their traditional beliefs. Special attention is paid to the traditional structure of political leadership in this highly segmented society that was prone not only to inter-tribal wars but was also in a constant 'fission and fusion' among themselves when not at war with other neighboring tribes. In discussing jurisdictional issues, and traditional settlement mechanisms based partly on law and custom, both adopted by this egalitarian society, the study is made currently relevant by keen observation on the effect of modernity on traditional ethics and morality of the Āma society that was once described by some authors as being 'impervious to foreign influence". Furthermore, the reception and assimilation of the state law together with the Shari'ah laws in various areas such as that relating to property devolution, family institution, and burial rites is treated as being of great significance in the overall development of the tribal customary laws. Like any other Nuba tribe, the consciousness of the Āma people of their ethos of identity marks their ferociously guarded customs and traditions prevalent up-to-date. The book is not only a precious academic endeavor full of keen observations, in depth study and analysis of tribal customary laws of property; but is also a memoir for the author to commemorate formidable tribal group of the Āma people in the Nuba Mountains of the Sudan.
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. Contributors are: Zahir M. Abdal-Kareem; Azza A. Abdel Aziz; Musa A. Abdul-Jalil; Munzoul M.A. Assal; Mohamed A. Babiker; Yazid Ben Hounet; Barbara Casciarri; Baudoin Dupret; Philippe Gout; Enrico Ille.
This summary is an invaluable reference for anyone who wishes to acquire a good basic knowledge of the customary laws of Southern Sudan. It provides, in an easily understandable form, a simplified explanation of the customary laws of the Dinka and Nuer peoples and their tradition-based background
Customary Law in the Modern World is the study of a coherent and well-established legal system, which is now operating in the context of a modern nation-state and therefore poised between remaining relevant and the threat of marginalization. Focusing on Sudan, the author places customary law in its historical and cultural context, analyzing the fundamental and traditional values that underlie customary law and the impact of the war between the North and the South that lasted intermittently for half a century. He deals with the substance of customary law, covering a wide variety of areas: family law, property law, torts and criminal liability. Drawing on interviews conducted with judges, legislators and practicing lawyers on customary law and its future in the modern context, the book challenges the development of customary law to build on the positives of tradition and the reform of its shortcomings, particularly in the areas of human rights, gender equality and the protection of children. This book fills a gap in the literature on customary law, and will be of great interest to anyone interested in law, anthropology and politics.
The unique cultures of minorities and indigenous peoples worldwide – spanning a wide variety of customs and practices – are under threat. This year’s edition of State of the World’s Minorities and Indigenous Peoples highlights the impact of land dispossession, forced assimilation and other forms of discrimination on the most fundamental aspects of their identity, including language, art, traditional knowledge and spirituality. But while the effects of this attrition can be devastating, minority and indigenous cultures have also been critical in strengthening communities and providing activists with a platform to fight for their rights. As this volume illustrates, ensuring that the cultural freedoms of minorities and indigenous peoples are protected is essential if their other rights are also to be respected.
This is a a wide-ranging 730-page account of traditional Sudanese medicine.I was born in the Sudan of Sudanese Muslim parents in Al-Dueim, on the west bank of the White Nile, central Sudan. I spent my early years in this town, and I went to school there. Since then, I have visited many towns and villages throughout the country. My mother tongue is Arabic, the main language of the country. I had a typical Sudanese childhood. I shared the daily life and activities of the people. My basic norms and values, I dare say, are those of the communities I describe in this book.At the age of four, I joined the khalwa (Quranic School), learned rudimentary Arabic, and memorized the first short chapters of the Holy Book. While I was there, I gained my first insight into the inner circle of religious healers, and at an early age, I saw the maseed (colloquial for mosque) and the Sufi followers.Many families in the Sudan have their patron saints that they consult or invoke in times of stress and need. Al-Mikashfi Abu-Umar of Shikanieba village, central Sudan, is the patron shaikh of our clan. At the age of five, my parents took me to his shrine, half a day's journey from my hometown. There, I saw the local asylum, for the first time, and was excited to see the mentally ill inmates under treatment. I had my first haircut there. My parents, with other worshippers, paid homage to the holy man. An impressive scene remained deeply engraved in my memory.During my childhood, I suffered every summer from attacks of epistaxis; I bled through the left nostril. Hospital treatment did not help. One morning my father decided to try his friend shaikh Awad Rahama, a laundry man in the market place, who was known as a traditional healer as well. He was particularly noted for his effective recipes for nose bleeding. The shaikh welcomed us and asked me to sit. He washed my forehead with water, and on it wrote some Quranic verses in copying pencil. He then gave me a hijab (amulet) to wear. That was the last time I ever had epistaxis!During my early life, I wore a variety of amulets. Some were to combat the evil eye, some to ensure success at school, while others were hafidhas (protectors). Some were paper hijabs, and others were mihaya (erasure of holy verse) that I had to drink or bakhra to burn and fumigate myself with.Several types of treatment and healing séances are vivid in my memory. For example, I saw the bonesetter in action. There was one in every neighbourhood in every village or town. Many were notably skilful and experienced. They used no painkillers while setting a broken bone or manipulating a sprained joint, because they knew none, and, hence, had to work dexterously. I remember Al-faki Al-Zubair and Al-faki Hamoda, the two notable religious healers in our neighbourhood. They also led the congregation prayers, taught the Quran, and stood as masters of ceremonies in weddings. I joined the Quranic School of the first, and had many amulets and bakhras from the second.The therapeutic musical extravaganza of the zar is a popular feature in northern Sudan. The zar is an exclusively women's congregation in which lavish musical ceremonies are performed. Several times, I escaped my parents' notice, and sometimes-even school, to sneak into one of the zar houses. I found the ceremonies fascinating, and still remember them vividly, and with pleasure. The rhythm of the zar music and the heavy fragrances that escape from the ceremony houses are unforgettable.Many Muslim Sudanese towns have religious Sufi fraternities called turuq Sufiyya (Sufi orders). In these turuq, people perform zikr, remembrance chants in praise of the Prophet Muhammad and Sufi saints. The ceremonies range from the highly rhythmic type of the Qadiriyya order, to the quiet melodies of the Burhamiyya. We joined the zikr circles whenever there was a ceremony in the neighbourhood; we danced, chanted, and always waited for that dervish who would dance himself into a trance.
Among the many myths created about Africa, the claim that homosexuality and gender diversity are absent or incidental is one of the oldest and most enduring. Historians, anthropologists, and many contemporary Africans alike have denied or overlooked African same-sex patterns or claimed that such patterns were introduced by Europeans or Arabs. In fact, same-sex love and nonbinary genders were and are widespread in Africa. Boy-Wives and Female Husbands documents the presence of this diversity in some fifty societies in every region of the continent south of the Sahara. Essays by scholars from a variety of disciplines explore institutionalized marriages between women, same-sex relations between men and boys in colonial work settings, mixed gender roles in east and west Africa, and the emergence of LGBTQ activism in South Africa, which became the first nation in the world to constitutionally ban discrimination based on sexual orientation. Also included are oral histories, folklore, and translations of early ethnographic reports by German and French observers. Boy-Wives and Female Husbands was the first serious study of same-sex sexuality and gender diversity in Africa, and this edition includes a new foreword by Marc Epprecht that underscores the significance of the book for a new generation of African scholars, as well as reflections on the book's genesis by the late Stephen O. Murray. This book is freely available in an open access edition thanks to the generous support of the Murray Hong Family Trust. Access the book online at the SUNY Open Access Repository at http://hdl.handle.net/20.500.12648/1714.
