After many years during which indigenous laws were mostly absent from narratives of Latin American law, presently, legal historians wish to integrate them. However, to do so requires answering the question of what we know about indigenous laws and how we can approach them. Writing the history of indigenous laws from precolonial times is especially challenging not only because of the diversity of human groups that occupied the continent, but also because of the disparity of available sources, ranging from material vestiges and pictographic documents to texts produced in indigenous writing systems. Furthermore, the colonial period has left us with a wide range of alphabetic texts, diverse in authorship, languages, formats, degree of accuracy, and sources selected, that describe precolonial law. Indigenous peoples, mestizos, and Spaniards also wrote historical narratives and accounts of deeds and services; furthermore, they participated as litigants in lawsuits in which they expressed their vision of law and justice. What does this evidence tell us about precolonial normative orders and the way in which they intersected with colonial law after the Iberian imperial conquests? To answer this question, this chapter proposes an interdisciplinary approach, surveying what has been done, and what could still be done.

Chapter 5 describes a phenomenon only found in the Sahara known as sell, or bloodsucking and the extraction of essential life forces, arguing that accusations of sell and their related events thus offer an opportunity to view local conceptions of social identity and related fears about shifts in hierarchy, old hostilities between lineages, as well as understandings of the nature of health and illness. While Arabic sources document the existence of bloodsucking at least as early as the fifteenth-century, the colonial archive provides the most concentrated number of records that demonstrate how bloodsucking was a lived and feared reality for desert communities during the colonial period. From these Saharan sources, a fuller understanding emerges of how desert communities envisioned the political and spiritual forces of their social worlds during periods of famine, economic stagnation, and domestic tension. Both the accusation of sell and the l’ḥjāb used to counter it signal the contestation of a society’s status quo.

This chapter takes as its premise that, by the end of the seventh century, the Islamic esoteric sciences were largely controlled by the zwāya, a group defined by its scholarly and racial pretentions. It shows that contestation of the role of the Islamic esoteric sciences reaches back well before the seventeenth century. Customs and practices of the Islamic esoteric sciences can be firmly documented in local practices and were recognized as a source of both political and religious power in the region and when early reform movements coalesced around the function of the Islamic esoteric sciences in managing the invisible. This chapter argues that traditional intellectual history has focused on key figures of Arab origin instead of understanding this process of the elaboration of the Islamic esoteric sciences as more organic and produced via many points of contact, with practices appropriated in the region via merchants and scholars of non-Arab origin. The chapter focuses on the Gebla, a region that occupies a central position in the formation of political and social structures in Mauritania, and will thus be at the geographic heart of the chapters that follow.

Chapter 2 uses a colloquial expression from contemporary Mauritania – “al-ḥikma kuntiyya aw fūtiyya” – to examine Mauritanian narratives that place the consolidation and localization of the Islamic esoteric sciences in the Sahara in the eighteenth century. The expression shows how Mauritanians today associate these sciences with the powerful scholarly and commercial network of the Kunta, a confederation known for its Islamic learning, and the Fulbe torodbe scholars who established theocratic states in West Africa. Both communities continue to associate these sciences as solely embedded in networks linked genealogically to Arab identity. This colloquial expression shows how Mauritanians today conceive of this esoteric religious wisdom as deployed at the very local level, spread through two regionally important religious communities, yet simultaneously connected to the longer history of Islam in the Muslim world, and circulating at the global level of Sufi networks. By the end of the nineteenth century, differences in interpretation and practice of the Islamic esoteric sciences had amplified: questions regarding which esoteric and medical techniques were permitted within Islam and which were not were intensely debated, as scholars from the Saharan West elaborated their own intellectual positions and political objectives in the ways they classified these sciences.

This chapter addresses the history of the Ahl Guennar, a confederation of families known for their mastery of l’ḥjāb, whose members are dispersed among several villages just north of the Senegal River. The Ahl Guennar’s ambiguous racial identity, their shifting religious and occupational affiliations, their secrecy and enigmatic reputation, and their long history in the region make them a compelling case study for the role of Islamic esoteric knowledge in Mauritania’s mercurial political and cultural environment. Claiming descent from a well-known religious figure and a miraculous origin story for their principal village, the Ahl Guennar established themselves by the seventeenth-century learning and teaching the Qur’ān and its sciences and carving out an exclusive space for themselves in the political dynamics of the Gebla, or southwestern region of Mauritania. This chapter deals with the long-term history of the family to better understand how they deploy these stories to claim religious and social roles in the region and to illustrate how Islamic knowledge is transmitted and the ways these Muslim mediators of the spiritual and material worlds depended upon this knowledge to thrive.

The first part of this chapter examines deep-rooted, diplomatic traditions of courtly exchange, international coexistence and commercial cooperation centred around the Majerteen Sultanate in north-eastern Somalia. A network of regional diplomacy first emerged for the purposes of managing shipwrecks and facilitating trade during the Egyptian Middle Kingdom. The Majerteen Sultanate emerged in the eighteenth century and played a critical role in the north-east Africa’s foreign affairs, presiding over a cooperative system of international relations which promoted domestic political stability and protected maritime commerce. Having reconstructed the contours of a regional culture of maritime law and international relations, the second part of the chapter tells the story of the first contacts between Majerteenia and British colonists, a few years after the East India Company’s settlement of the port of Aden in 1839. Early Anglo-Majerteen interactions mirrored the well-established regional model of diplomacy, in which regional rulers created alliances and offered one another mutual recognition as sovereigns. But as the century wore on, British officials became increasingly belligerent; the opening of the Suez Canal in 1869 and the increase in steam traffic tested international relations and the regional maritime framework.