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Periodical article | Leiden University catalogue | WorldCat |
Title: | The status and application of Islamic law in Tanzania |
Author: | Makaramba, Robert V. |
Year: | 1991 |
Periodical: | Eastern Africa Law Review |
Volume: | 18 |
Issue: | 2 |
Period: | December |
Pages: | 277-310 |
Language: | English |
Notes: | biblio. refs. |
Geographic terms: | Tanzania East Africa |
Subjects: | Islamic law law customary law |
Abstract: | The State in Tanzania, though religiously neutral, by making a constitutional concession to freedom of religion on an equal footing has conceded to the application of the law in Islam. However, both in mainland Tanzania and Zanzibar, sectarian enactments apply to all Muslims, irrespective of their sectoral alignment, in specified personal status matters such as marriage, divorce, succession to property upon death and 'waqf'. The background for the ensuing discussion of the status and application of Islamic law in Tanzania in these matters is provided by a brief examination of the conflicting views on the contribution of Arabian customary law to the development of Islamic law, some remarks on the nature of the Islamic legal system, and an outline account of the spread of Islam through trade between the East African people and Persian merchants. Notes, ref. |