CEU Electronic Theses and Dissertations, 2024
| Author | Ceesay, Aji Adam |
|---|---|
| Title | The Intersection Of Sharia And Constitutional Law: Investigating The Implications Of Sharia-Based Legal Provisions In The Gambia And Ethiopia |
| Summary | ABSTRACT This thesis examines the relationship between Sharia family law and constitutional law in The Gambia and Ethiopia, two African countries with legal systems incorporating religious and customary principles. The Gambia, a predominantly Muslim country in West Africa, and Ethiopia, with more than 30% of its population following Islam, apply standard, religious, and customary laws to reflect the diversity of their people, cultures, and traditions. Both countries have legal systems that have evolved through a complex process of colonial legacies, religious influences, and political transformations. The Gambia, a former British colony, has a common law system that coexists with Islamic law practised by the Muslim majority, while Ethiopia, with a long history of statehood and legal traditions, has a federal system that allows for the application of Sharia law alongside civil law within specific communities. The Gambia's 1997 Constitution acknowledges the applicability of Sharia in personal status matters for Muslims, such as marriage, divorce, and inheritance, while Ethiopia's 1995 Constitution recognises the country's ethnic and religious diversity by allowing for the application of religious and customary laws in personal and family matters. This study will explore legal pluralism, the coexistence of different legal systems within a single state. This concept is crucial in understanding the relationship between Sharia and constitutional law. The literature on the intersection of Sharia and constitutional law examines the harmonisation and conflicts between these systems, exploring how states manage legal diversity and the effects on legal coherence and state authority. The research conducted in The Gambia and Ethiopia sheds light on the complex challenges associated with implementing Sharia law in personal status issues. However, there is still a lack THE INTERSECTION OF SHARIA AND CONSTITUTIONAL LAW: INVESTIGATING THE IMPLICATIONS OF SHARIA-BASED LEGAL PROVISIONS IN THE GAMBIA AND ETHIOPIA. iv of understanding about how conflicts between Sharia and constitutional law are resolved. While there is extensive literature on the Ethiopian federal system for Sharia, which impacts governance and ethnic diversity, this study will focus on The Gambia, where limited existing literature is available. This study examines the practical application of Ethiopia's system and identifies potential areas that The Gambia could adopt. This thesis examines legal provisions causing tensions and explores how the Constitution and Courts can resolve them. It also compares legal developments and assesses the effectiveness of conflict resolution mechanisms over time. The thesis will examine the insights gained from Ethiopia’s efforts to integrate Sharia-based legal systems and provide recommendations for other comparative studies based on these findings. |
| Supervisor | Professor Seidel Katrin |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2024/ceesay_aji-adam.pdf |
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