العرف القبليّ في فضّ النزاعات لدى قبائل الطائف خلال القرن الثالث عشر الهجري/ التاسع عشر الميلادي (1201-1300ه/ 1785 – 1882م)
Read Full Text
PDF file available for download
Abstract
This research addresses the topic of " Tribal Customary Law in Dispute Resolution among the Tribes of Taif during the 13th Century AH/19th Century CE " adopting the descriptive-analytical approach as a framework to observe and analyze patterns of customary justice, its mechanisms, terminology, and enforcement tools. It aims to document the role of tribal custom as a prevailing judicial system before the emergence of formal judicial institutions, as tribes relied on inherited customary rules to resolve disputes, ensuring social security and the protection of rights.
The first section focuses on the conceptual framework of tribal justice by defining the customary system and explaining the key terms, while also discussing customary exception, The second section addresses the process of filing claims, methods of proof, and presents real examples of customary rulings.
The research also highlights the balanced relationship that Islam established with tribal customs by adopting them as long as they did not conflict with established religious texts, considering custom as one of the complementary sources of legislation.
The study affirms that custom was not merely a tradition, but rather a comprehensive judicial system governed by the principles of tribal justice, relying on social order and the "reputation" of judges. The significance of this research lies in preserving the legal and social heritage of the tribes of Taif and presenting it as a valuable source for historical and anthropological studies.
Keywords:
Tribal custom, customary justice, judges of Taif, traditional litigation systems, tribal disputes.