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.
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.
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.
States of Marriage shows how throughout the colonial period in French Sudan (present-day Mali) the institution of marriage played a central role in how the empire defined its colonial subjects as gendered persons with certain attendant rights and privileges. The book is a modern history of the ideological debates surrounding the meaning of marriage, as well as the associated legal and sociopolitical practices in colonial and postcolonial Mali. It is also the first to use declassified court records regarding colonialist attempts to classify and categorize traditional marriage conventions in the southern region of the country. In French Sudan, as elsewhere in colonial Africa, the first stage of marriage reform consisted of efforts to codify African marriages, bridewealth transfers, and divorce proceedings in public records, rendering these social arrangements “legible” to the colonial administration. Once this essential legibility was achieved, other, more forceful interventions to control and reframe marriage became possible. This second stage of marriage reform can be traced through transformations in and by the colonial court system, African engagements with state-making processes, and formations of “gender justice.” The latter refers to gender-based notions of justice and legal rights, typically as defined by governing and administrative bodies as well as by socioxadpolitical communities. Gender justice went through a period of favoring the rights of women, to a period of favoring patriarchs, to a period of emphasizing the power of the individual—but all within the context of a paternalistic and restrictive colonial state.