The Provisions of Customary Judiciary and Blood Money

This book aims to identify the provisions of the customary judiciary in criminal homicides, particularly blood money ‘Diya’, the extent of their consistency with the rulings of Islamic Sharia and legal system, and the extent of their ability to deter the commission of crimes. While also addressing the concept of the judiciary, its nature, and evidence, elaborating on custom and social control in terms of its origin, formation, meaning, essence, how it is shaped in society, its characteristics, foundations, types, rulings, conditions and sources, and its place among the legal sources. The book also explains the difference between social customs and the forms mixed with it, explaining blood money and its theoretical establishment before Islam, its nature, conditions for its requirement, the situations in which it is obligatory, the amounts of blood money in crimes against the self and what is less, the conditions for securing the blood money for the self, upon whom it is obligatory, and from whom it is waived. The book devotes a section to discuss the social customs in Libyan society and the customs in the eastern region, in which it dealt with fundamental aspects such as customary proverbs that dissipated many people’s rights, concluding with customary law in Al-Jabal al-Akhdar region, social anthropological studies, and a presentation of homicide cases to demonstrate the extent of the application of Sharia provisions on blood money.