Legal Framework of Kadhis’ Courts in Zanzibar During the Post Colonial Era

Abstract

This paper is extracted from an unpublished doctoral thesis: An Investigation of Application of Islamic Jurisprudence on marriage in Kadhis Courts in Zanzibar and Kwara State of Nigeria. Kadhis courts had been in existence in Zanzibar long before the colonial era. The region is located along the east coast of Africa and it is part and parcel of United Republic of Tanzania. The court system of Arab legacy in this region of Africa. Kadhis courts assisted in maintenance of good governance and peaceful co-existence among different peoples within the region since independence. The court makes use of Islamic law in adjudication process on Muslim personal matters such as marriage, divorce, inheritance and other related matters. Kadhis courts are part of Islamic legal history of Zanzibar till contemporary era. The court system had witnessed different political regimes. Different reforms were made to make the court system relevant to the ever changing modern world. Kadhis courts do not exist in isolation but are within the hierarchal courts’ structure of Zanzibar.

Keywords: Kadhis Courts; Islamic law; Muslim personal matters; Post-Colonial era and Zanzibar.

DOI: 10.7176/JLPG/86-04

Publication date:June 30^th 2019