Reimagining legal pluralism in Africa : balancing Indigenous, state, and religious laws / edited by Anthony C. Diala and Christa Rautenbach.
2024
KQC105 .R45 2024 (Mapit)
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Title
Reimagining legal pluralism in Africa : balancing Indigenous, state, and religious laws / edited by Anthony C. Diala and Christa Rautenbach.
Imprint
Leiden ; Boston : Brill Nijhoff, [2024]
Copyright
©2024
Description
x, 502 pages ; 25 cm.
Series
Developments in international law ; v. 80. 0924-5332
Formatted Contents Note
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-Sánchez
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.
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-Sánchez
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.
Summary
"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.
Bibliography, etc. Note
Includes bibliographical references and index.
Available in Other Form
Call Number
KQC105 .R45 2024
Language
English
ISBN
9789004696730 (hardback)
9004696733 (hardback)
9789004696747 (ebook)
9004696733 (hardback)
9789004696747 (ebook)
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