Between custom, Islamic and Algerian laws: diya (blood-money) in the perspective of legal pluralism
Yazid Ben Hounet (CNRS)
Paper short abstract:
This paper examines the articulations between custom, Islamic and Algerian laws in different cases of diya (blood-money) practices occurring in South Algeria.
Paper long abstract:
Starting from case studies, the aim of my communication is to analyse articulations between custom, Islamic (Maleki) and Algerian laws in different cases of diya practices occurring in South Algeria. In this region, and more generally in the Maghreb (particularly in Saharan and pre Saharan areas), diya still occurs with some changes linked to the supremacy of State law (in which diya is not legally recognized). In fact diya is still legitimated as a customary duty. This compensation is done in order to prevent acts of revenge or vendetta against the brothers or the cousins of the guilty person. Diya comes to complement State law which does not take into account the collective responsibility of the group of the guilty person (in preventing vengeance) and of the group of the victim (in acting vengeance). This paper shows how diya (which follows custom and Islamic recommendations) comes as a substitute or a complement of Algerian State law in order to make justice more efficient and legal procedure (based on social arrangements) more socially accepted.Download the full paper
Law matters: mapping legal diversity