Muslim Family Law in Sub-Saharan Africa

Colonial Legacies and Post-colonial Challenges

Edited by Shamil Jeppie, Ebrahim Moosa, and Richard Roberts

Muslim Family Law in Sub-Saharan Africa

Edited by Shamil Jeppie, Ebrahim Moosa, and Richard Roberts

Distributed for Amsterdam University Press

388 pages | 6 3/10 x 9 1/2 | © 2010
Paper $64.95 ISBN: 9789089641724 Published July 2010 For sale only in the United States, its dependencies, the Philippines, and Canada

Muslim family law in Africa is as resilient today as it was during the first part of the twentieth century when millions of Africans were subject to French and British colonial administrations. And though these administrations have been gone for decades, their legacies continue to haunt Islamic legal schools, scholars, and practices in many African nations. In this fascinating volume, the editors bring together a number of essays that address key questions relating to Islamic law in Africa, documenting the struggles that Muslims have endured over the years and revealing Islamic law’s place within the multicultural nation-states of contemporary Africa.

List of Maps and Figures
Introduction: Muslim Family Law in Sub-Saharan Africa: Colonial Legacies and Post-Colonial Challenges
    Shamil Jeppie, Ebrahim Moosa, and Richard Roberts

Part I: Colonizing Muslim Family Law in Africa
1. A Legal and Historical Excursus of Muslim Personal Law in the Colonial Cape, South Africa,  
    Eighteenth to Twentieth Century
    Shouket Allie
2. Custom and Muslim Family Law in the Native Courts of the French Soudan, 1905–1912
    Richard Roberts
3. Conflicts and Tensions in the Appointment of Chief Kadhi in Colonial Kenya 1898–1960s
    Hassan Mwakimako
4. Obtaining Freedom at the Muslims’ Tribunal: Colonial Kadijustiz and Women’s Divorce 
    Litigation in Ndar (Senegal)
    Ghislaine Lydon
5. The Making and Unmaking of Colonial Shari’a in the Sudan
    Shamil Jeppie
6. Injudicious Intrusions: Chiefly Authority and Islamic Judicial Practice in Maradi, Niger
    Barbara M. Cooper

Part II: Muslim Family Law, The Postcolonial State, and Constitutionalism in Africa
7. Coping with Conflicts: Colonial Policy towards Muslim Personal Law in Kenya and 
    Post-Colonial Court Practice
    Abdulkadir Hashim
8. Persistence and Transformation in the Politics of Shari’a, Nigeria, 1947–2003: In Search of an 
    Explanatory Framework
    Allan Christelow
9. The Secular State and the State of Islamic Law in Tanzania
    Robert V. Makaramba
10. State Intervention in Muslim Family Law in Kenya and Tanzania: Applications of the Gender 
      Susan F. Hirsch
11. Muslim Family Law in South Africa: Paradoxes and Ironies
      Ebrahim Moosa

Notes on the Contributors
Consolidated Bibliography
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