Offers comparative historical, anthropological and legal perspectives on the ways in which French and British colonial administrations interacted with the diversity of Islamic legal schools, scholars, and practices in Africa.
After the abolition of slavery in 1897, Islamic courts in Zanzibar (East Africa) became central institutions where former slaves negotiated socioeconomic participation. By using difficult-to-read Islamic court records in Arabic, Elke E. Stockreiter reassesses the workings of these courts as well as gender and social relations in Zanzibar Town during British colonial rule (1890–1963). She shows how Muslim judges maintained their autonomy within the sphere of family law and describes how they helped advance the rights of women, ex-slaves, and other marginalised groups. As was common in other parts of the Muslim world, women usually had to buy their divorce. Thus, Muslim judges played important roles as litigants negotiated moving up the social hierarchy, with ethnicisation increasingly influencing all actors. Drawing on these previously unexplored sources, this study investigates how Muslim judges both mediated and generated discourses of inclusion and exclusion based on social status rather than gender.
In many parts of Africa three different systems of laws are concurrently applied – the imported "Colonial" law, the indigenous customary law and Islamic law. In some countries the customary and the Islamic law are kept separate and distinct, while in others they are fused into a single system. This volume represents a unique survey of the extent to which Islamic law is in fact applied in those parts of East and West Africa which were at one time under British administration. It examines the relevant legislation and case law, much of which has never appeared in any Law Reports; the judges and courts which apply it and the problems to which its application give rise.
Spanning various regions of Sub-Saharan Africa, the authors of this volume come together to explore the complex relationship between religion and democracy in contemporary Africa. As a result of the end of the Cold War and the fall of the Soviet Union, many African countries have come to the realization, however partial, that political and social change is inevitable in spite of government heavy-handedness and threats. It has also become evident that no political system that refuses to permit freedom of political expression and alternative systems of governance could continue to be sustained. It is in precisely this political climate that religious institutions have collaborated with other elements of civil society to call for political reforms, with the church often becoming the prominent voice against oppressive governments in countries such as Kenya and South Africa. It is the purpose of this book to assess how religion shapes political issues and to what extent religious forces influence the civil society. By acknowledging the role of the civil society, the essays recognize the resilience that comes out of Africa even when the sociopolitical situation seems unbearable.
This comprehensive reference volume covers every country in Sub-Saharan Africa, offering reliable demographic information and original interpretative essays by indigenous scholars and practitioners. It maps patterns of growth and decline, assesses major traditions and movements, analyses key themes and examines current trends.