Muslim family law in sub-Saharan Africa: colonial legacies by Shamil Jeppie, Visit Amazon's Ebrahim Moosa Page, search

By Shamil Jeppie, Visit Amazon's Ebrahim Moosa Page, search results, Learn about Author Central, Ebrahim Moosa, , Richard Roberts

Muslim relatives legislation in Africa is as resilient this day because it was once through the first a part of the 20th century while thousands of Africans have been topic to French and British colonial administrations. And although those administrations were long past for many years, their legacies proceed to hang-out Islamic criminal colleges, students, and practices in lots of African international locations. during this interesting quantity, the editors collect a few essays that deal with key questions with regards to Islamic legislations in Africa, documenting the struggles that Muslims have persisted through the years and revealing Islamic law’s position in the multicultural realms of up to date Africa.

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Extra resources for Muslim family law in sub-Saharan Africa: colonial legacies and post-colonial challenges

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Such was the case in Nigeria in 1977, when the Northern states proposed returning to the shariªa, and in Kenya surrounding the new Law of Succession in 1981. The oil shocks of 1972-74, the subsequent flow of Arab oil money into Africa, and the 1978 Iranian Revolution provided part of the context for the resurgence of Islamism in sub-Saharan Africa. Islamism is a broad set of often contradictory movements aiming to bring Islam into every aspect of human life, including the religious, legal, political, economic, and cultural spheres.

For our purposes, the most important reforms were the promulgation of a series of legal codes (a Penal Code in 1858; a Commercial Code in 1861; a Code of Maritime Law in 1863) and the creation of a series of secular courts to apply this new legislation, especially where disputes arose between Muslims and non-Muslims. These codes were modeled on the French legal codes and reflected the authority of legislation to enact substantive laws. These new codes did not, however, directly repeal provisions of the shariªa; they were merely new bodies of law, designed for new situations, and assisted judges of the new courts to reach judgments expeditiously, without having to return to the classical legal texts.

In contrast, Muslim law was already codified, and even if there was recognition of the ways in which practice shaped application, Muslim law provided administrators and judges with ready-made templates to apply to individual cases. Given the efficacy of applying and controlling Muslim law, it should not be surprising that Muslim judges played a significant role 36 AUP-ISIM-IS-BW-Jeppie-DEF-24:BW 02-03-2010 13:36 Pagina 37 introduction in the operation of the native courts even in areas where Muslims had only a minor presence.

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