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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Possibility and rationale of establishing Kadhi courts in Tanzania mainland
Author:Majamba, H.I.ISNI
Year:2009
Periodical:Eastern Africa Law Review (ISSN 0012-8678)
Volume:35-40
Pages:232-263
Language:English
Geographic term:Tanzania
Subjects:courts
Islamic law
Abstract:Several African countries that have a significant Muslim population have accommodated the Kadhi court system in their constitutions and laws to cater for the regulation of the personal status of their Muslim citizens. This paper explores the genesis and emerging trends in the operation of the Kadhi court system in selected jurisdictions on the African continent, viz. Ethiopia, Gambia, Kenya, Nigeria, Uganda and Zanzibar. The exploration reflects upon the experiences of the Kadhi courts system in these jurisdictions and identifies lessons that could be learned from them, as well as their implications for establishing Kadhi courts in mainland Tanzania. It covers the emergence and demise of the Kadhi courts in the country; analyses the main legislation, case law and practices governing the settlement of disputes under Islamic law; and discusses the implications of establishing the Kadhi courts under the present legal framework in mainland Tanzania. Bibliogr., notes, ref. [ASC Leiden abstract]
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