Banjul Muslims and the Islamic Court
By Walter Hawthorne and Bala Saho
Qadi Authority in the Muslim Court
The Muslim court was allowed to hear non-criminal cases relating to civil status, marriage, succession, donation, testament, and guardianship, and only when the parties involved were Muslim. The Qadi (Muslim judge), appointed by the British Governor, was considered a British civil servant and earned an annual salary of ₤100. As head of the Muslim court, the Qadi employed a combination of practices prevalent in pre-colonial regional law and sharia Muslim law, and the newly introduced British common law. The Qadi and the Muslim court derived its powers and functioning rights from British legislation such as the Muhammedan Law Recognition Ordinance, which established the court in 1905, the Muhammedan Court Rules 1917 Powers, and the Muhammedan Marriage and Divorce Ordinance of 1941. These ordinances adopted a compromise between pre-colonial Gambian and British principles. Punishment is one prime example of this compromise.
The Muhammedan Law Recognition Ordinance (1905), the Muhammedan Court Rules (1917), and the Muhammedan Marriage and Divorce Ordinance (1941) gave the Qadi full jurisdiction to render judgment in cases relating to civil status, marriage, succession, donations, testament and guardianship, but at the same time limited the court’s powers on the types of acceptable punishment. The British colonial government forbid many forms of punishment that were customary in pre-colonial Bathurst. While the British colonial court could enforce rulings or punish individuals with imprisonment, flogging, etc., the worst punishment a Qadi could render was to rule against an individual, levy a monetary fine, or require the return of wealth in the form of money, goods or land. The Qadi could be removed by the Governor at any time and his decisions could be contested by British administrators. In matters of appeal, Qadi court decisions went to the British colonial Supreme Court for review. A Tafsir, or person learned in Muslim law, sat in on appeals to advise the British Supreme Court judge, but ultimately it was the British administration that made the final decision in Muslim court appeals.
The Muhammedan Law Recognition Ordinance (1905), the Muhammedan Court Rules (1917), and the Muhammedan Marriage and Divorce Ordinance (1941) gave the Qadi full jurisdiction to render judgment in cases relating to civil status, marriage, succession, donations, testament and guardianship, but at the same time limited the court’s powers on the types of acceptable punishment. The British colonial government forbid many forms of punishment that were customary in pre-colonial Bathurst. While the British colonial court could enforce rulings or punish individuals with imprisonment, flogging, etc., the worst punishment a Qadi could render was to rule against an individual, levy a monetary fine, or require the return of wealth in the form of money, goods or land. The Qadi could be removed by the Governor at any time and his decisions could be contested by British administrators. In matters of appeal, Qadi court decisions went to the British colonial Supreme Court for review. A Tafsir, or person learned in Muslim law, sat in on appeals to advise the British Supreme Court judge, but ultimately it was the British administration that made the final decision in Muslim court appeals.