Customary and Shari'ah Law in Arabian Society

The society and legal systems of South Arabia, both ancient and modern, form the subject of this second collection of articles by Professor Serjeant. His approach has been to make a detailed study of modern social structures and legal customs and to relate these to what we know of ancient law and society. The traditional tribal society of the region, he argues, has preserved in its customary law and practice a very great deal that derives directly from the pre-Islamic period, whereas the shari'ah, the law of Islam, though stemming from the same sources, has often diverged significantly from it. An understanding of the modern situation, therefore, is of immediate relevance to the interpretation of pre-and early-Islamic society. Among the particular topics covered are the interplay between tribal affinities and religious authority, marriage legislation and the "Frankish chancre" (syphilis), and maritime customary law. From an ethnographic viewpoint, furthermore, these studies also record peoples and lifestyles that have been increasingly overwhelmed by contemporary events.