Customary Aboriginal law

Customary Aboriginal law describes the legal practices of Aboriginal Australians before European colonisation. As the aboriginal people had no written language law was communicated via 'word of mouth'. Aboriginal law focuses on what is fair, although appearing unorganised and unreliable; it was actually quite an effective system in delivering justice, opportunity for compensation, and revenge.
The law system is deeply intertwined in their beliefs, culture, and traditions, and it sometimes can be difficult to differentiate one from the other. With so many different tribes and regions, there is no set Aboriginal law. Therefore, evidence regarding aboriginal law must be considered specific to that tribe or region and not Australia as a whole.
Although a majority did not, a small number of early European settlers interacted well with the local natives. The journals, diaries, and reports of these settlers are the most reliable evidence we can go by, along with the teaching passed on via word of mouth.
Marriage
Aborigines "were most strict and particular with regard to their marriage laws". Both contracting parties would not have any say in the matter, as they are arranged marriages. Often, at corrobborees a great "Turrwan" from one tribe may give his daughter in marriage to another "Turrwan" of another tribe. That "Turrwan" would then give his daughter in marriage in return.
If a couple were to run off 'in love', once caught, a tribal battle would result. If the girl's tribe won, then they would take her back and "she was beaten and cut about most frightfully almost killed, and the pair were separated, she being sent back to her parents". If the boy's tribe won he was allowed to keep her.
Tribal Land
There were regular conflicts between tribes over tribal land and hunting grounds. This would result in a battle between the two tribes at a "kippa-ring" or a preferred battle site. (The Roma Street Parklands of Brisbane was once a preferred battle site). Other tribes of the region would attend to guarantee a fair and just battle. Men and women would both battle in such a fight. There have been a few fights witnessed by early pioneers and they were most fierce.
Property
Sharing was fundamental within the tribe, however, a man could lay claim to a bon-yi (Bunya Pine) and a women a minti (Banksia aemula), dulandella (Persoonia Sp.), midyim (Myrtus tenuifolia), or dakkabin (Xanthorrhoea aborea) tree. Then a man sometimes owned a portion of the river which was a good fishing spot, and no one else could fish there without his permission.
 
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