Details

Subject(s)

• Legal polycentricity—Africa, Sub-Saharan [Browse]
• Customary law—Africa, Sub-Saharan [Browse]
• Religion and law—Africa, Sub-Saharan [Browse]
• Law—Africa, Sub-Saharan [Browse]
• Indigenous peoples—Legal status, laws, etc—Africa, Sub-Saharan [Browse]
• Legal polycentricity—South Africa [Browse]

Editor

• Diala, Anthony C. [Browse]
• Rautenbach, C. (Christa) [Browse]

Series

• Developments in international law ; v. 80. [More in this series]
• Developments in international law, 0924-5332 ; volume 80 [More in this series]

Summary note

"In Sub- Saharan Africa, State laws, customary laws, and to a lesser extent, religious laws co- exist in a tenuous relationship. State laws, also known as common law or laws of general application, are the remnants and adaptations of legal systems that Western Europeans imposed during colonial rule in the 19th and 20th centuries. They encompass statutory laws, codifications, judicial precedents, and the legal culture that accompanied colonial transplants. Religious laws mainly consist of Islamic or Shariah law principles, which have varying degrees of recognition in African legal systems. Customary laws comprise two types: indigenous laws, which are pre- colonial customs observed in their original forms, and adaptations of indigenous practices to globalisation and other socio- economic changes. As we show, most of these socioeconomic changes occur alongside coercive pressure exerted on indigenous behaviour by State laws. This volume investigates legislative and judicial attitudes towards legal pluralism in Africa and the future of indigenous laws in this context. There are three main reasons why this inquiry is significant"-- Provided by publisher.

Bibliographic references

Includes bibliographical references and index.

Contents

• Part 1: Succession in African legal pluralism
• State intervention in the customary law of succession in South Africa : what remains of customary norms in the "rainbow nation"? / Christa Rautenbach
• The communal nature of the South African customary law of succession : developments in the 21st century / Fatima Osman
• Part 2: Marriage in African legal pluralism
• Balancing customary practices and human rights in the proposed Single Marriage bill / Rita Ozoemena, Geroge Fordam Otieno Wara and Khupi Ramarumo
• Recognition of woman-to-woman marriage under state laws and African customary laws / Adeniyi Olatunbosun and Samson Odetayo
• Constitutional transformation of the customary marriage laws of the Batswana Tribe / Boitumelo Mmusinyane
• Part 3: Islamic and comparative law in African legal pluralism
• The past, present, future of the Muslim personal law in Ghana : a judicial analysis / Yüksel Sezgin
• Community protocols as self-determination strategies in the global South : indigenous experiences of legal pluralism in Brazil and South Africa / Rodrigo Ferreira Barros
• Sustainability of customary law arbitration within the Nigerian legal system : judicial rigidity versus the organic fluidity of customary law / Philip O. Odiase
• "Our human rights are our land" : reconceptualising the right to property from an indigenous perspective / Davinia Gómez-Sanchez
• Part 4: Theoretical perspectives on African legal pluralism
• Penalising passion : a reflection on the offence of adultery in the context of cultural relativism and human rights / Jennifer H. Mike
• Limitations to the application of customary law as determinants of the nature of customary law in Botswana / Bonolo Ramadi Dinokopila
• Laws of motion and motions of laws : towards a transformative law-and-politcal-economy framework for customary law in South Africa / Reshard L. Kolabhai
• Epilogue / Albie Sachs.

Show 14 more Contents items

ISBN

• 9789004696730
• 9004696733 ((hardback))

LCCN

2024010452

OCLC

1427180623

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