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The Migration and Localization of Islamic Law in Afica

Author: LiuQiongJie
Tutor: XiaXinHua
School: Xiangtan University
Course: Legal History
Keywords: Africa Islamic Law African customary law Legal Transplants Local-ization
CLC: D909.37
Type: Master's thesis
Year: 2010
Downloads: 101
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Abstract

639 AD, the Arabs invaded Egypt opened a new chapter in African history. Since the invasion began, Islam began to spread in the African continent, so relying on Islam’s widely been spread that Islamic law has been ported to the African continent. Islamic law is the early and medieval jurists according to the needs of social life, in the basis of succeeding, amending customary law to be provided and codified in the name of the God’s revelation , its main part developed from which the customs of the ancient Arab tribal and administrative regulations and customs of the Umayyad dynasty. The development of Islamic law is a complex historical process, legal theory until the 10th century became more perfect. In the view of the development process of Islamic law in Africa, Transplanted and localized the Islamic law is the development of Islamic law.This article will analyze the status of the Islamic law and its impact in the African continent. It presents a picture: save perhaps of Customary law being outflanked by modern legal development but on the other hand identifies the consistent growth and role of Islamic law. In each cases the impact of the Government’s executive order on the practice of Customary and Islamic law is reviewed and in each jurisdiction cases are identified which highlight how Islamic laws and legal practice absorb the impact of Customary law. This article attempts to discuss Islamic law as part of the African indigenous law. In the 7-16 century Islam spread in various regions of Africa , I hope this background led us to study the succession of Islamic law. And then discusses the African transplant Islamic law, it will involve the causes and process of transplanting Islamic law; Finally, comparative analysis of some concepts in Islamic law and their school so as to reflect the diversity of Islamic law in Africa, and further extended to the Islamic law how to implement in Africa. At last, the article will change the approach that study Islamic law in Africa taking Egypt as an example, select the Sudan for the study , Specifically addressed when the Sudan transplant Islamic law, how Islamic laws in conflict with local Customary law, and then gradually coordinate eventually evolved into the African native law.This study limited to the 7-16 century AD, that before the Western colonial period of invasion of Africa. The aim is to avoid the writing scope from too broad, and can not catch the point; on the other hand, is to distinguish the effect of Islamic law in Africa after the rise of the Islamic Revival Movement. When the invasion of Western colonial happens, Islamic law has grown from a "foreign law" into the African continent’s "local law." to study the process of migration and localization of Islamic law, is helpful to gain an accurate understanding of the contemporary legal system of Africa.

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