LAW, CUSTOM AND PROPERTY RIGHTS AMONG THE ĀMA/NYIMAŊ OF THE NUBA MOUNTAINS IN THE SUDAN

About the Book

This book is based on an extensive field work in which the author tried to study the customary law of property of an African agrarian tribal community of Āma - also known as Nyimaŋ - of the Nuba Mountains in the northern Sudan. The writer has tried to explain the nature of property holding in the light of the people’s philosophy evidenced in their social structure and their traditional beliefs. Special attention is paid to the traditional structure of political leadership in this highly segmented society that was prone not only to inter-tribal wars but was also in a constant ‘fission and fusion’ among themselves when not at war with other neighboring tribes. In discussing jurisdictional issues, and traditional settlement mechanisms based partly on law and custom, both adopted by this egalitarian society, the study is made currently relevant by keen observation on the effect of modernity on traditional ethics and morality of the Āma society that was once described by some authors as being ‘impervious to foreign influence”. Furthermore, the reception and assimilation of the state law together with the Shari’ah laws in various areas such as that relating to property devolution, family institution, and burial rites is treated as being of great significance in the overall development of the tribal customary laws. Like any other Nuba tribe, the consciousness of the Āma people of their ethos of identity marks their ferociously guarded customs and traditions prevalent up-to-date. The book is not only a precious academic endeavor full of keen observations, in depth study and analysis of tribal customary laws of property; but is also a memoir for the author to commemorate formidable tribal group of the Āma people in the Nuba Mountains of the Sudan.

About the Author

Hunud Abia Kadouf, LLB (Khartoum), PhD (London). He was a Judge Court of Appeal and lecturer at the University of Khartoum-Sudan. He is currently Professor and Dean of the Faculty of Law at International Islamic University Malaysia (IIUM).