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Community Customary From An Islamic Perspective As A Conflict Resolution Mechanism In Sudan: A Case Study

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cris.virtual.departmentUniversiti Sains Islam Malaysia
cris.virtual.orcid0000-0003-4609-3647
cris.virtualsource.department4c573b08-c3c2-40bc-a785-7930c2454d6c
cris.virtualsource.orcid4c573b08-c3c2-40bc-a785-7930c2454d6c
dc.contributor.authorMahmoud Mohamed Ali Mahmoud Edris
dc.contributor.authorMuneer Ali Abdul Rab
dc.contributor.authorBaidar Mohammed Mohammed Hasan
dc.contributor.authorSaeed Ahmed Saleh Faragi
dc.date.accessioned2024-07-14T17:04:25Z
dc.date.available2024-07-14T17:04:25Z
dc.date.issued2024
dc.date.submitted2024-7-10
dc.descriptionAl-Qanatir: International Journal of Islamic Studies, Volume 33 Issue 3 Page (500–513)
dc.description.abstractThis study aims to show the importance of social norms and their role in settling disputes between neighbours who argue over agriculture, within the boundaries of house walls, or the alteration of the watercourse. The settlement and reconciliation of the dispute require the wisdom of the leaders to find the solution and to return the water to its natural course, through social customs and civil councils, without resorting to lawsuits in the courts and their lawyers, which normally cost the plaintiff and the defendant money and time. The study attempts to shed light on the custom and address it from an Islamic perspective based on evidence from the purified Sunnah of the Prophet (SAW), where it leads to positive outcomes that can be a new addition to reconciliation between adversaries. There are many disputes, some of which occur in homes that are bought, that lead to a dispute between neighbors. It may be semi-official, but it is not registered with the authorities, or it is registered in the name of someone other than the person who sold it. Parties other than the seller and the buyer may turn up at the house if the dispute deepens. This is due to poor planning and usually occurs outside of planned towns, or the so-called slums. The problem of the study describes the disputes that occur in rural farms with undefined boundaries, which, according to the customs of Arab societies, are located within areas inhabited by certain tribes or clans and are not registered in their names with the official authorities and are considered their sole property, including the conflicts that occur due to political representation at the centre of the ruling state. Or the dispute over the sharing of water on irrigated farms and the common sewerage system. The researcher follows a descriptive and analytical approach, as the paper leads to results that strengthen customary law in a way that harmonises it with the provisions of Islamic law. One of the main findings of the paper is that governance based on customary and positive traditions can be used to resolve some of the conflicts that occur between tribes and hinder the development of the country.
dc.identifier.citationMahmoud Mohamed Ali Mahmoud Edrisi , Muneer Ali Abdul Rabii , Baidar Mohammed Mohammed Hasaniii & Saeed Ahmed Saleh Farag Community Customary From An Islamic Perspective As A Conflict Resolution Mechanism In Sudan: A Case Study . (2024). Al-Qanatir: International Journal of Islamic Studies, 33(3), 500–513.
dc.identifier.epage513
dc.identifier.issn2289-9944
dc.identifier.issue3
dc.identifier.other1596-62
dc.identifier.spage500
dc.identifier.urihttps://oarep.usim.edu.my/handle/123456789/20985
dc.identifier.urihttps://al-qanatir.com/aq/article/view/791/557
dc.identifier.volume33
dc.language.isoen_US
dc.publisherUsuli Faqih Research Centre
dc.relation.ispartofAl-Qanatir International Journal of Islamic Studies
dc.relation.issn2289-9944
dc.relation.journalAl-Qanatir: International Journal of Islamic Studies
dc.subjectCustom
dc.subjectSociety
dc.subjectMechanism
dc.subjectConflict
dc.subjectSudan.
dc.titleCommunity Customary From An Islamic Perspective As A Conflict Resolution Mechanism In Sudan: A Case Study
dc.title.alternativeالعرف المجتمعي من منظور إسلامي كآلية لفض النزاع في السودان: دراسة حالة
dc.typetext::journal::journal article
dspace.entity.typePublication
oaire.citation.endPage513
oaire.citation.issue3
oaire.citation.startPage500
oaire.citation.volume33
oairecerif.author.affiliationUniversiti Sains Islam Malaysia
oairecerif.author.affiliationUniversiti Sains Islam Malaysia
oairecerif.author.affiliationUniversiti Sains Islam Malaysia
oairecerif.author.affiliation#PLACEHOLDER_PARENT_METADATA_VALUE#

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