Application of Muslim Family Law as a Form of Customary Law in Accra, Ghana
Abstract 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 signif...
| Auteur principal: | |
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| Type de support: | Électronique Article |
| Langue: | Anglais |
| Vérifier la disponibilité: | HBZ Gateway |
| Journals Online & Print: | En cours de chargement...
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| Fernleihe: | Fernleihe für die Fachinformationsdienste |
| Publié: |
Brill
2020
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| Dans: |
Islamic Africa
Année: 2020, Volume: 11, Numéro: 2, Pages: 232-251 |
| Sujets non-standardisés: | B
Customary law
B Legal pluralism B Ghana B malamai / malam B Muslim family law |
| Accès en ligne: |
Volltext (lizenzpflichtig) Volltext (lizenzpflichtig) |
| Résumé: | Abstract 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. |
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| ISSN: | 2154-0993 |
| Contient: | Enthalten in: Islamic Africa
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| Persistent identifiers: | DOI: 10.1163/21540993-01102004 |