Berber Law by French Means: Customary Courts in the Moroccan Hinterlands, 1930–1956
Comparative Studies in Society and History 2010;52(4):851–880. 0010-4175/10 $15.00 # Society for the Comparative Study of Society and History 2010 doi:10.1017/S0010417510000484 Berber Law by French Means: Customary Courts in the Moroccan Hinterlands, 1930–1956 KATHERINE E. HOFFMAN Northwestern University As the French conquered Muslim lands in their nineteenth- and early-twentieth-century quest for empire, they encountered multiple and some- times mixed judicial systems among the native populations. In many places, legal codes were shaped by either fiqh, meaning Islamic law, one component of which is customary law, or by non-Islamic custom, or some combination of the two.1 To administer native justice in French colonies and protectorates, Acknowledgments: Generous funding for this research was provided by a Charles Ryskamp Fel- lowship from the American Council of Learned Societies, a National Endowment for the Huma- nities Faculty Fellowship, a long-term fellowship from the American Institute for Maghrib Studies, a Northwestern University Faculty Research Grant, and an Institute for the Humanities Fel- lowship from the University of Illinois at Chicago. Mohamed Ouakrim, president of the Court of Taroudant Providence, and Ali Achfur, senior secretary at the Judicial Center, Igherm, generously allowed me to work with the original court dockets in Igherm and Taroudant. I wish to thank also Mina Alahyane and Hmad Laamrani for supplemental documentation, commentary, and helpful connections; Hafsa Oubou, Jenny Hall, and Devon Liddell for documentation; and Mohamed Mounib for provocative commentary on French Protectorate Berber policy. I am grateful to the fellows at the Camargo Foundation in Spring 2007, to archivist Anne-Sophie Cras at the Ministère des Affaires Etrangères archives in Nantes (CADN), and to Greta Austin, Joshua Cole, Clark Lom- bardi, and anonymous CSSH reviewers for comments and perspective.
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