Banjul Muslims and the Islamic Court
By Walter Hawthorne and Bala Saho
European Institutionalization of Law
The establishment of the Muslim court marked a shift from customary laws (the way local populations’ arbitrated law prior to British colonization) to a western formalization of law that implemented European concepts (like the right of appeal or the existence of a Supreme court), structures (like the creation of a public building with designated rooms for trial and documentation storage), and institutions (like the codification of laws and requirement of a written record).
The appointment of the Qadi is a perfect example. British administrators sat down with Africans who they deemed knowledgeable in customary law, codified this knowledge, appointed these individuals as judges, and then called upon them to apply it. British administrators ruled indirectly by giving some forms of power to these African leaders and allowing them to apply, when and where possible, regional law to local matters.
Traditional law was transformed by this new class of African judges because they were created to apply, what was, supposedly, age-old customary law to address native conflict publicly and to carry out British policy surreptitiously. In this way the Muslim court incorporated some Islamic and regional legal precedents in rendering decisions, but law and order was practiced in accordance with European notions of institutionalization.
The appointment of the Qadi is a perfect example. British administrators sat down with Africans who they deemed knowledgeable in customary law, codified this knowledge, appointed these individuals as judges, and then called upon them to apply it. British administrators ruled indirectly by giving some forms of power to these African leaders and allowing them to apply, when and where possible, regional law to local matters.
Traditional law was transformed by this new class of African judges because they were created to apply, what was, supposedly, age-old customary law to address native conflict publicly and to carry out British policy surreptitiously. In this way the Muslim court incorporated some Islamic and regional legal precedents in rendering decisions, but law and order was practiced in accordance with European notions of institutionalization.