Customary Law. Designated and Related Persons shall not be subject to any proceedings in Papua New Guinea to enforce Papua New Guinea customary law, including, but not limited to, proceedings in village courts.
Customary Law. Indian-ness The large number of textual descendants of Xxxx is mainly due to two factors, “peripheralness” and precision. Xxxx xx-Xxx himself, for his commentary on his very precise Qurrat, did not compose a multi-volume work text. His commentary is a comparatively concise work dealing with genealogies of discourses within the school and providing examples from his local context. He opposes many Middle Eastern teachers he may have had who were not aware of peripheral contexts when formulating their rulings on different issues. The word peripheralness is used for a regional application of a legalist formulation, which may show some conflict, compromise, contradiction, and/or complementation with ones expressed from a centre. For Shāfiʿīsm the centre fluctuated over time between Cairo, Khurasan, Baghdad, Damascus, and Mecca. But Mecca was imagined as the centre by a large number of adherents from the sixteenth century. Despite all these shifts, the centres remained within the Middle East and legalistic thought saw the whole province as its centre. Once South, Southeast Asian or East African scholars began to engage in the discourses of the school, they indirectly questioned the legitimacy of such a centre and directly asserted “peripheralness” into their enunciations as being not so divergent from or subordinate to existent articulations pivoting around the Middle East. In Fatḥ deliberate peripheralness appears in a number of rulings and contexts. For example, in the chapter on ḥajj pilgrimage we read that the first human being and the prophet 59 Those include Maqāṣid al-nikāḥ and al-Farāʾiḍ al-multaqaṭ. X.X. Xxxxxxxx, Arabi Sāhityattinu Kēraḷattint̲e Xxxxxxxxxx (Tirūraṅṅāṭi: Ashrafi Book Centre, 2012), 63-65, 71-72. Xxxx made forty pilgrimages on foot from al-Hind.60 Furthermore, it repeatedly discusses the virtues of and rulings for sending gifts to Mecca,61 a practice much followed by Malabari Muslims in particular and South Asian Muslims in general from the early sixteenth century if not earlier. A connection between Xxxx and xx-Xxxx can also be found in earlier Islamic/Muslim chronicles and travel accounts, but not in a legal text. 62 With regard to charitable gifts sent to Mecca, we find very few legal discourses in earlier texts of the school. In Minhāj there is no discussion at all. In Tuḥfat it is mostly mentioned with rulings about receiving and distributing gifts for charity. This makes perfect sense knowing that the text was written in Mecca, the...
Customary Law. 1. The traditional norms of indigenous peoples have been and continue to be an essential element for the social regulation of the life of the communities and, consequently, for the maintenance of their cohesion.
