Muslim Family Law in Sub-Saharan Africa

Muslim Family Law in Sub-Saharan Africa: Colonial Legacies and Post-Colonial Challenges 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. The authors examine how the colonial impress marks Islamic legal practices in Africa and its impact on the post-colonial and contemporary periods. Several chapters document the experiences of Muslim citizens in some African states in their bid to have Islamic law, particularly family law, recognized. A substantial introduction sets the individual essays in a comparative framework of Islamic legal scholarship in an era of colonialism by contrasting and comparing vital questions as they occur in the African context.

ISBN 9089641726   Pages 392 ISBN13 9789089641724 (What's this?)   Weight (grammes) 647 Publisher Amsterdam University Press   Published in Amsterdam Imprint Amsterdam University Press   Series title ISIM Series on Contemporary Muslim Societies Format Paperback   Height (mm) 234 Publication date 01 Nov 2009   Width (mm) 156 Library of Congress K   Spine width (mm) 23 DEWEY 346.67015088297   Academic level Professional / Scholarly, General DEWEY edition DC22

		List of Maps and Figures		7
		Preface		9
		Introduction: Muslim Family Law in Sub-Saharan Africa: Colonial Legacies and Post-Colonial Challenges by Richard Roberts		13
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 by Shouket Allie		63
2		Custom and Muslim Family Law in the Native Courts of the French Soudan, 1905-1912 by Richard Roberts		85
3		Conflicts and Tensions in the Appointment of Chief Kadhi in Colonial Kenya 1898-1960s by Hassan Mwakimako		109
4		Obtaining Freedom at the Muslims' Tribunal: Colonial Kadijustiz and Women's Divorce Litigation in Ndar (Senegal) by Ghislaine Lydon		135
5		The Making and Unmaking of Colonial Shari'a in the Sudan by Shamil Jeppie		165
6		Injudicious Intrusions: Chiefly Authority and Islamic Judicial Practice in Maradi, Niger by Barbara M. Cooper		183
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 by Abdulkadir Hashim		221
8		Persistence and Transformation in the Politics of Shari'a, Nigeria, 1947-2003: In Search of an Explanatory Framework by Allan Christelow		247
9		The Secular State and the State of Islamic Law in Tanzania by Robert V. Makaramba		273
10		State Intervention in Muslim Family Law in Kenya and Tanzania: Applications of the Gender Concept by Susan F. Hirsch		305
11		Muslim Family Law in South Africa: Paradoxes and Ironies by Ebrahim Moosa		331
		Notes on the Contributors		355
		Consolidated Bibliography		359
		Index		377

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