Islamic Law in Africa by J N D Anderson
By J N D Anderson
In many components of Africa 3 varied structures of legislation are at the same time utilized – the imported "Colonial" legislations, the indigenous primary legislation and Islamic legislations. In a few international locations the accepted and the Islamic legislations are stored separate and unique, whereas in others they're fused right into a unmarried method. This quantity represents a different survey of the level to which Islamic legislations is in reality utilized in these elements of East and West Africa which have been at one time below British management. It examines the proper laws and case legislation, a lot of which hasn't ever seemed in any legislations experiences; the judges and courts which observe it and the issues to which its software provide upward push.
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The Dispute over the Runaway W i f e " ) . 5 ' See p. 16 above. THE ADEN PROTECTORATE 21 get judicial divorce or dissolution of marriage for either cruelty or physical desertion. 1 In case of repeated cruelty, however, he admitted that she might be entitled to refuse to leave her own people to accompany him to his tribe. But much difference of opinion prevails among Qadis on both these last two points. Annulment of marriage on the grounds of the disease of either party is allowed according to ordinary Shafi'i principles.
4 As for the new Qu'aytl Criminal Code, the chief Qadi of Mukalla had visited Hadramaut just before my own arrival to win support for its provisions. Some 1 Edict No. 1367 of 11 July, 1940. p. also arts. 14 and 15 of the Decree of 1942 (p. 17 above). , champions of the rights and dignity of the family of the Prophet. * T h e usual rule for ascertaining which of any variant views is "authoritative " is to follow the " T w o Sheikhs "—al-Nawawi and al-Rafi'I; while, if they differ, al-Nawawi is to be preferred.
5 of 1940, art. 2. This conforms to good Islamic precedents. 11 Decree No. 4 of 1940, art. 7. " Ibid. art. 3. 1 2 PART I! 1 In the event the judge in due course returned to India and no successor has yet been appointed. 2 Unhappily, too, the Qadis' courts do not enjoy a very high repute locally, and instances have occurred of a Qadi being left in one District far too long. There have been three comparatively recent developments of outstanding juristic interest in the Sultanate, each of which demands comparatively detailed notice.