Muslim Family Law in Sub-Saharan Africa
Colonial Legacies and Post-colonial Challenges
Distributed for Amsterdam University Press
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.
Preface
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
Concept
Susan F. Hirsch
11. Muslim Family Law in South Africa: Paradoxes and Ironies
Ebrahim Moosa
Notes on the Contributors
Consolidated Bibliography
Index
Law and Legal Studies: International Law
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