Book Review: Islamic Law, Tribal Customary Law, and Waqf Studies in the Legal History of the Modern Middle East and North Africa

Abstract

The book entitled Islamic Law, Tribal Customary Law, and Waqf, written by Aharon Layish, presents a comprehensive empirical historical analysis of the evolution of Islamic law from the late 19th century to the modern era, particularly in relation to tribal customary law and waqf institutions in the Middle East and North Africa. Layish emphasises that legal documents such as court sijill, waqfiyyāt, and local legal archives are not only formal legal records but also important sources for understanding social dynamics, customs, and local power. In this review, the author adopts a critical-thematic approach to evaluate the structure, arguments, and methodology of this book, which has value and contributes to contemporary Islamic legal literature. The evaluation results show that this book successfully broadens the understanding of Islamic law from traditional normative/fiqh discourse to an analysis of the plurality of law that exists in society, as well as emphasising the importance of waqf as a legal social institution that is adaptive to modernisation and colonialism. However, limitations arise from the geographical scope, which is relatively focused on certain regions, and the challenge of generalising to the Muslim world as a whole. Apart from that, this book also makes a significant contribution to academics, researchers, and legal practitioners who are interested in the social history of Islamic law and legal pluralism, and has great potential to stimulate further research and the development of Islamic law curricula.