Accommodation and Assimilation in Kenya’s Pluralist Context: Contrasting the Normative Qualifications Supplied to Islamic Law and African Customary Law’s ‘Defects’ in Personal Law Matters

Simple item page
dc.contributor.authorKhalil, Badbess
dc.date.accessioned2021-12-15T08:54:59Z
dc.date.available2021-12-15T08:54:59Z
dc.date.issued2021-03
dc.descriptionLegal pluralism is defined as ‘a situation where more than one legal system exists within a single political unit’. 1 It has been called a central characteristic of many post-colonial African states. 2 The existence of pre-colonial law in these states is ‘the genesis of legal pluralism’ in Africa. 3 At colonialism, European laws were imported which introduced new norms and further defined the normative scope of existing pre-colonial laws. 4 When the newly- independent African states set up legal systems of their own, they maintained both the European laws and pre-colonial laws, often in the scope in which both applied during colonialism. After all, many of these states were administrative continuations of their colonial predecessors.en_US
dc.description.abstractIt is said that one of the enduring legacies of colonialism in Africa is the fact of legal pluralism. This fact has arisen from the maintenance of received European laws after colonialism and of the pre-colonial laws that continued subsisting even after colonialism. Kenya, one such state, has had similar experiences. In this regard, two subsisting pre- colonial systems are of note: Islamic law and African customary law. In this study, it is argued that in their application to matters of personal law, African customary law is differentiated from Islamic law by the greater level of normative qualifications applied to it.en_US
dc.identifier.urihttp://hdl.handle.net/11071/12262
dc.language.isoen_USen_US
dc.publisherStrathmore Universityen_US
dc.titleAccommodation and Assimilation in Kenya’s Pluralist Context: Contrasting the Normative Qualifications Supplied to Islamic Law and African Customary Law’s ‘Defects’ in Personal Law Mattersen_US
dc.typeLearning Objecten_US
Files
Original bundle
Now showing 1 - 1 of 1
Thumbnail Image
Name:
A close look at legal transplantation it’s effect on Kenyan customary marriages.docx
Size:
105.71 KB
Format:
Microsoft Word XML
Description:
Download
License bundle
Now showing 1 - 1 of 1
Thumbnail Image
Name:
license.txt
Size:
1.71 KB
Format:
Item-specific license agreed upon to submission
Description:
Download
Collections
LLB Research Projects (2021)