Pub Date : 2021-09-01DOI: 10.1163/21540993-01102004
Fulera Issaka-Toure
This article examines the central role of the malam (Islamic scholar) in the application of Muslim family law in a legal plural tradition in Accra, Ghana. It demonstrates that the role of the malam as a legal actor is one which is not self-ascribed, yet his deployment of such role is significant in how we understand the interaction of various bodies of laws and their hierarchies. The article shows that women form the majority of the litigants who seek to improve their wellbeing by appealing to Islamic legal norms through the malamai. It argues that, through the judicial practices of the malamai of the two dominant Islamic groups, the Tijāniyya and the Salafiyya, the manner in which the malam himself deploys his legal role reveals how his position is relevant for his predominantly female clients. In the end, this article contributes to how we understand the practice of legal pluralism through the application of Muslim family law as a form of customary law.
{"title":"Application of Muslim Family Law as a Form of Customary Law in Accra, Ghana","authors":"Fulera Issaka-Toure","doi":"10.1163/21540993-01102004","DOIUrl":"https://doi.org/10.1163/21540993-01102004","url":null,"abstract":"\u0000This article examines the central role of the malam (Islamic scholar) in the application of Muslim family law in a legal plural tradition in Accra, Ghana. It demonstrates that the role of the malam as a legal actor is one which is not self-ascribed, yet his deployment of such role is significant in how we understand the interaction of various bodies of laws and their hierarchies. The article shows that women form the majority of the litigants who seek to improve their wellbeing by appealing to Islamic legal norms through the malamai. It argues that, through the judicial practices of the malamai of the two dominant Islamic groups, the Tijāniyya and the Salafiyya, the manner in which the malam himself deploys his legal role reveals how his position is relevant for his predominantly female clients. In the end, this article contributes to how we understand the practice of legal pluralism through the application of Muslim family law as a form of customary law.","PeriodicalId":41507,"journal":{"name":"Islamic Africa","volume":"31 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2021-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89931941","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-09-01DOI: 10.1163/21540993-01102002
A. Hutson
{"title":"Silvia Bruzzi, Islam and Gender in Colonial Northeast Africa: Sitti ‘Alawiyya, the Uncrowned Queen","authors":"A. Hutson","doi":"10.1163/21540993-01102002","DOIUrl":"https://doi.org/10.1163/21540993-01102002","url":null,"abstract":"","PeriodicalId":41507,"journal":{"name":"Islamic Africa","volume":"17 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2021-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79074232","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-09-01DOI: 10.1163/21540993-01101017
M. Thiam
{"title":"Mauro Nobili, Sultan, Caliph, and the Renewer of the Faith: Aḥmad Lobbo, the Tārīkh al-fattāsh and the Making of an Islamic State in West Africa","authors":"M. Thiam","doi":"10.1163/21540993-01101017","DOIUrl":"https://doi.org/10.1163/21540993-01101017","url":null,"abstract":"","PeriodicalId":41507,"journal":{"name":"Islamic Africa","volume":"95 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2021-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90545093","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-09-01DOI: 10.1163/21540993-01101015
A. Hashim
This paper examines the application of Muslim personal law in the Kenyan courts. It addresses jurisprudential issues which engage conventional government judges, magistrates and kadhis (Islamic judges). The interaction between the conventional and religious courts has paved the way for a conflict of laws on matters related to Muslim personal law and has led to an interesting scenario of constructive conversation and criticism that in turn has set the stage for an emerging comparative jurisprudence within a pluralistic society. Factors which contribute toward conflicts include wholesale adoption of Common Law and Islamic law notions and exemption clauses in statutes. To overcome the challenges facing the kadhis’ courts and the application of Muslim personal law in Kenya, the paper proposes the adoption of a progressive comparative jurisprudential approach in responding to emerging legal issues facing Muslim litigants in the Kenyan courts.
{"title":"Application of Muslim Personal Law in the Kenyan Courts: Problems and Prospects","authors":"A. Hashim","doi":"10.1163/21540993-01101015","DOIUrl":"https://doi.org/10.1163/21540993-01101015","url":null,"abstract":"\u0000This paper examines the application of Muslim personal law in the Kenyan courts. It addresses jurisprudential issues which engage conventional government judges, magistrates and kadhis (Islamic judges). The interaction between the conventional and religious courts has paved the way for a conflict of laws on matters related to Muslim personal law and has led to an interesting scenario of constructive conversation and criticism that in turn has set the stage for an emerging comparative jurisprudence within a pluralistic society. Factors which contribute toward conflicts include wholesale adoption of Common Law and Islamic law notions and exemption clauses in statutes. To overcome the challenges facing the kadhis’ courts and the application of Muslim personal law in Kenya, the paper proposes the adoption of a progressive comparative jurisprudential approach in responding to emerging legal issues facing Muslim litigants in the Kenyan courts.","PeriodicalId":41507,"journal":{"name":"Islamic Africa","volume":"5 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2021-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84070293","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-09-01DOI: 10.1163/21540993-01102003
P. Naylor
{"title":"Stephanie Zehnle, A Geography of Jihad: Sokoto Jihadism and the Islamic Frontier in West Africa","authors":"P. Naylor","doi":"10.1163/21540993-01102003","DOIUrl":"https://doi.org/10.1163/21540993-01102003","url":null,"abstract":"","PeriodicalId":41507,"journal":{"name":"Islamic Africa","volume":"46 9 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2021-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72527146","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-06-17DOI: 10.1163/21540993-01101012
Annelien Bouland
Divorce is not uncommon among Muslims in Senegal and tends to take place outside of court, even if the Senegalese Family Code has made out-of-court divorce illegal. Yet little is known about how women in particular may obtain divorce outside of the court. This article provides ethnographic material on the way women divorce out-of-court, and the repertoires of justification they draw on. In line with scholarly work on women’s use of Islamic courts in other countries the article foregrounds women’s agency, yet in a different out-of-court context. First, it is shown that women draw on multiple, gendered, repertoires. Second, it is argued that because family members play a central role in the divorces studied, the analysis of women’s agency requires an attentiveness to kin and women’s “kinwork”.
{"title":"“Please Give Me My Voice”: Women’s Out-of-Court Divorce in a Secondary City in Senegal","authors":"Annelien Bouland","doi":"10.1163/21540993-01101012","DOIUrl":"https://doi.org/10.1163/21540993-01101012","url":null,"abstract":"\u0000Divorce is not uncommon among Muslims in Senegal and tends to take place outside of court, even if the Senegalese Family Code has made out-of-court divorce illegal. Yet little is known about how women in particular may obtain divorce outside of the court. This article provides ethnographic material on the way women divorce out-of-court, and the repertoires of justification they draw on. In line with scholarly work on women’s use of Islamic courts in other countries the article foregrounds women’s agency, yet in a different out-of-court context. First, it is shown that women draw on multiple, gendered, repertoires. Second, it is argued that because family members play a central role in the divorces studied, the analysis of women’s agency requires an attentiveness to kin and women’s “kinwork”.","PeriodicalId":41507,"journal":{"name":"Islamic Africa","volume":"65 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2021-06-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90916248","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-06-09DOI: 10.1163/21540993-01101011
Liazzat J. K. Bonate
Although Islam has a long history in coastal northern Mozambique, the question of how Muslims manage family life there is little understood. Based on the analysis of historical, ethnographic and legal records, and a case study of a bairro (Port., ward) called Paquitequete in the contemporary coastal city of Pemba in Cabo Delgado province, this article focuses on Muslim family and gender relations in northern Mozambique. It argues that Muslims of this region maintain concurrent legal identities as Muslims, matrilineal Africans and citizens of the modern state. While women benefitted from matriliny by accessing the land and support from their maternal side, upon widowhood and divorce they lost access to their husband’s or common assets because the husbands’ matriclan claimed them. The perseverance of matriliny made local Muslims seem to abide less by Islamic norms, but historically they have combined the Shāfiʿī madhhab (Islamic legal school) with matrilineal custom. In contemporary Pemba, family and gender relations are regulated not only by Sharīʿa or by African ‘traditions’, but by a blend of elements from these two alongside modern legislations. Moreover, it could be said that this arrangement is endorsed by a kind of popular consensus, which is particularly salient in the Community Courts.
{"title":"Muslim Family in Northern Mozambique: Sharīʿa, Matriliny and the Official Legislation in Paquitequete","authors":"Liazzat J. K. Bonate","doi":"10.1163/21540993-01101011","DOIUrl":"https://doi.org/10.1163/21540993-01101011","url":null,"abstract":"\u0000Although Islam has a long history in coastal northern Mozambique, the question of how Muslims manage family life there is little understood. Based on the analysis of historical, ethnographic and legal records, and a case study of a bairro (Port., ward) called Paquitequete in the contemporary coastal city of Pemba in Cabo Delgado province, this article focuses on Muslim family and gender relations in northern Mozambique. It argues that Muslims of this region maintain concurrent legal identities as Muslims, matrilineal Africans and citizens of the modern state. While women benefitted from matriliny by accessing the land and support from their maternal side, upon widowhood and divorce they lost access to their husband’s or common assets because the husbands’ matriclan claimed them. The perseverance of matriliny made local Muslims seem to abide less by Islamic norms, but historically they have combined the Shāfiʿī madhhab (Islamic legal school) with matrilineal custom. In contemporary Pemba, family and gender relations are regulated not only by Sharīʿa or by African ‘traditions’, but by a blend of elements from these two alongside modern legislations. Moreover, it could be said that this arrangement is endorsed by a kind of popular consensus, which is particularly salient in the Community Courts.","PeriodicalId":41507,"journal":{"name":"Islamic Africa","volume":"2 1","pages":"1-24"},"PeriodicalIF":0.4,"publicationDate":"2021-06-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87131537","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-12-24DOI: 10.1163/21540993-01101006
Shaheed Tayob
In recent decades, the halal certification logo has emerged as a global phenomenon. Halal certification is an attempt to produce a new discursive and material basis for the practice of halal. Halal is extended into new places and products. In South Africa Muslim consumers now query the halal status of tomato sauce, bottled water and even food consumed at the homes of friends and family. Certification is a technology of halal whereby consumers self-regulate practice in new ways. However, the transformations of halal certification have not been complete. Documentary inspection and molecular investigation linked to new kinds of information and new technology have not necessarily eclipsed the importance of intra-Muslim trade, niyya (orientation/intention) and trust for the practice of halal. This paper considers the narratives and practices of middle-class Muslims in South Africa towards an understanding of the complex ways in which halal is practiced and transformed.
{"title":"Halal Consumption as Ethical Practice: Negotiating Halal Certification in South Africa","authors":"Shaheed Tayob","doi":"10.1163/21540993-01101006","DOIUrl":"https://doi.org/10.1163/21540993-01101006","url":null,"abstract":"\u0000In recent decades, the halal certification logo has emerged as a global phenomenon. Halal certification is an attempt to produce a new discursive and material basis for the practice of halal. Halal is extended into new places and products. In South Africa Muslim consumers now query the halal status of tomato sauce, bottled water and even food consumed at the homes of friends and family. Certification is a technology of halal whereby consumers self-regulate practice in new ways. However, the transformations of halal certification have not been complete. Documentary inspection and molecular investigation linked to new kinds of information and new technology have not necessarily eclipsed the importance of intra-Muslim trade, niyya (orientation/intention) and trust for the practice of halal. This paper considers the narratives and practices of middle-class Muslims in South Africa towards an understanding of the complex ways in which halal is practiced and transformed.","PeriodicalId":41507,"journal":{"name":"Islamic Africa","volume":"49 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2020-12-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88838678","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-12-24DOI: 10.1163/21540993-01101007
Zachary Wright
{"title":"Oludamini Ogunnaike, Poetry in Praise of Prophetic Perfection: a Study of West African Madīḥ Poetry and its Precedents","authors":"Zachary Wright","doi":"10.1163/21540993-01101007","DOIUrl":"https://doi.org/10.1163/21540993-01101007","url":null,"abstract":"","PeriodicalId":41507,"journal":{"name":"Islamic Africa","volume":"11 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2020-12-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80853989","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-12-24DOI: 10.1163/21540993-01101002
Samuel D. Anderson
This article examines the origins and development of colonial Franco-Muslim education, with specific reference to the Médersa of Saint-Louis in Senegal. Often described as a failed experiment on the part of the French administration, the médersa nevertheless marked the first effort to “modernize” Islamic education in West Africa. This article argues that the médersa evolved, and eventually closed, in tandem with local engagement and the establishment of the racist idea of islam noir. It also highlights the role of Algerians and the Algerian médersa system in West Africa to argue for the importance of a trans-Saharan approach to Islamic education in the colonial period.
{"title":"The French Médersa in West Africa: Modernizing Islamic Education and Institutionalizing Colonial Racism, 1890s–1920s","authors":"Samuel D. Anderson","doi":"10.1163/21540993-01101002","DOIUrl":"https://doi.org/10.1163/21540993-01101002","url":null,"abstract":"\u0000This article examines the origins and development of colonial Franco-Muslim education, with specific reference to the Médersa of Saint-Louis in Senegal. Often described as a failed experiment on the part of the French administration, the médersa nevertheless marked the first effort to “modernize” Islamic education in West Africa. This article argues that the médersa evolved, and eventually closed, in tandem with local engagement and the establishment of the racist idea of islam noir. It also highlights the role of Algerians and the Algerian médersa system in West Africa to argue for the importance of a trans-Saharan approach to Islamic education in the colonial period.","PeriodicalId":41507,"journal":{"name":"Islamic Africa","volume":"1 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2020-12-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89542955","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：