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mansasulu
997 Posts |
 Posted - 11 Jul 2008 : 21:22:27
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| That is a question our elected members should be answering... |
"...Verily, in the remembrance of Allâh do hearts find rest..." Sura Al-Rad (Chapter 13, Verse 28)
...Gambian by birth, Muslim by the grace of Allah... |
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kondorong
Gambia
4380 Posts |
Posted - 12 Jul 2008 : 04:05:49
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| Including you. We are all in it together. |
“When I despair, I remember that all through history the way of truth and love have always won. There have been tyrants and murderers, and for a time, they can seem invincible, but in the end, they always fall. Think of it--always.” |
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njucks
Gambia
1131 Posts |
Posted - 12 Jul 2008 : 15:24:24
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Nyaring..
i think if there is a law for Christian Marriage, Civil , and Islamic then bigamy could be a crime depending on which law the marriage was contracted.
the Islamic law would/should make it inapplicable to muslims but the Chritian Marriages law, which i believe follows the christian principles then would prohibit chritians married under that law to engage in bigamy.
so a chritian man, who marries a christian lady under the christian marriage law can be charged with bigamy if the does it.
this topic has made me read Fafa M'bai book again, and he does seem to raise Turk's earlier point. The Mohamedan law, applied to muslim africans but it doesnt state which islamic law. as you are aware, there are Shiites and Sunnis. Sunnis are common in West Africa but within that there are different schools.....
He also raise the issue of adoption, which is common in our traditional setting but i think there is no formal Law for there. i can raise/adopt my sister's child legally without any serious formality. so we have a serioud interplay of customary law, Common law, and islamic law.
this applies to land issues, Wills, adoption, etc.
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turk
USA
3356 Posts |
Posted - 13 Jul 2008 : 00:45:04
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Maliki fiqh (Imam Malik) schools applied in western africa. In case, for example, me being hanefi, I am not sure which schools would be applicable but I would think the local ones would be applied.
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diaspora! Too many Chiefs and Very Few Indians.
Halifa Salah: PDOIS is however realistic. It is fully aware that the Gambian voters are yet to reach a level of political consciousness that they rely on to vote on the basis of Principles, policies and programmes and practices. |
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Nyarikangbanna
United Kingdom
1382 Posts |
Posted - 13 Jul 2008 : 17:19:06
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quote:
Originally posted by mansasulu
Nyari, contrary to what you are telling us, this case was indeed "entertained." If it was non-justiceable, it will have been thrown out rather than a trial date set as the link referring to the case below indicates.
The Brikama Majistrate court which has jurisdiction set a trial date. Bigamy may not be enforceable in Gambia, but it is a crime under our laws. How ironic...
Mansasulu, criminal laws do not apply selectively to the citizenry. They are always universally applicable. Inother words, they apply to everyone regardless of religion, race ethnicity or whatever. If you say bigamy is a crime in the Gambia, you are literally saying nobody is legally allowed in the gambia to marry two wives. You know that is not correct. I wonder how many people would have been in prison if that is the case.
Thanks |
I do not oppose unity but I oppose dumb union. |
Edited by - Nyarikangbanna on 13 Jul 2008 17:21:26 |
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mansasulu
997 Posts |
Posted - 14 Jul 2008 : 15:14:36
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Nyari, I am merely pointing out the irony in our laws. Obviously enforcement is a whole different matter. What I am stating is not an opinion, rather it is a fact that under our laws Bigamy is a crime. The criminal code I cited attests to that fact. Do you dispute the authenticity of that citation?
There are so many laws, criminal or otherwise in our books, and around the world that are not enforceable, but they are still there. Now until and unless they are repealed they remain to be the defacto law of the land. |
"...Verily, in the remembrance of Allâh do hearts find rest..." Sura Al-Rad (Chapter 13, Verse 28)
...Gambian by birth, Muslim by the grace of Allah... |
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toubab1020
12312 Posts |
Posted - 14 Jul 2008 : 15:46:22
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So has the 1941 Colonial law as found by TURK been repealed? or is it "still the defacto law of the land." as you put it in your last sentence.
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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mansasulu
997 Posts |
Posted - 14 Jul 2008 : 17:58:54
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| No, the 1941 Colonial law has not been repealed. |
"...Verily, in the remembrance of Allâh do hearts find rest..." Sura Al-Rad (Chapter 13, Verse 28)
...Gambian by birth, Muslim by the grace of Allah... |
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Nyarikangbanna
United Kingdom
1382 Posts |
Posted - 17 Jul 2008 : 21:18:07
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quote:
Originally posted by Nyarikangbanna
quote:
Originally posted by mansasulu
Nyari, contrary to what you are telling us, this case was indeed "entertained." If it was non-justiceable, it will have been thrown out rather than a trial date set as the link referring to the case below indicates.
The Brikama Majistrate court which has jurisdiction set a trial date. Bigamy may not be enforceable in Gambia, but it is a crime under our laws. How ironic...
Mansasulu, criminal laws do not apply selectively to the citizenry. They are always universally applicable. Inother words, they apply to everyone regardless of religion, race ethnicity or whatever. If you say bigamy is a crime in the Gambia, you are literally saying nobody is legally allowed in the gambia to marry two wives. You know that is not correct. I wonder how many people would have been in prison if that is the case.
Thanks
Both the 1970 and 1997 constitutions garantees rights to religious freedom and practice. Therefore, any law inconsistent with that is no law at least to the extent of the inconsistency. So even if bigamy is a crime under colonial law, it is of no effect after the promulgation of the 1970 and certainly before the 1997 constitution since bigamy is an acceptable practice and norm in Islamic culture and practice. This is what Section 4 of the 1997 constitution states;
‘This constitution is the supreme law of the Gambia and any law found to be inconsistent with any provision of this constitution shall, to the extent of the inconsistency, be void.’
The 1970 constitution had a similar provision.
Thanks |
I do not oppose unity but I oppose dumb union. |
Edited by - Nyarikangbanna on 17 Jul 2008 21:19:27 |
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toubab1020
12312 Posts |
Posted - 18 Jul 2008 : 00:25:49
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quote:
Originally posted by mansasulu
No, the 1941 Colonial law has not been repealed.
That information must have taken a bit of getting,well done,  Quite strange really. Thank you for taking the trouble that you obviously have to resolve my posting,I appriciate that. |
"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Eve
Gambia
344 Posts |
Posted - 21 Jul 2008 : 20:02:45
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| I do not know anything about this, sorry |
gambian |
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mansasulu
997 Posts |
Posted - 22 Jul 2008 : 17:32:38
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quote:
Originally posted by Nyarikangbanna
Both the 1970 and 1997 constitutions garantees rights to religious freedom and practice. Therefore, any law inconsistent with that is no law at least to the extent of the inconsistency. So even if bigamy is a crime under colonial law, it is of no effect after the promulgation of the 1970 and certainly before the 1997 constitution since bigamy is an acceptable practice and norm in Islamic culture and practice. This is what Section 4 of the 1997 constitution states;
‘This constitution is the supreme law of the Gambia and any law found to be inconsistent with any provision of this constitution shall, to the extent of the inconsistency, be void.’
The 1970 constitution had a similar provision.
Thanks
There is no inconsistency here. The constitution does not lay out the procedure of rules or laws when it comes to marriage. This is what the codes are meant for. The 1941 colonial law that criminalizes bigamy is still well and truely valid.
Nyari lets face the facts bigamy is a crime in Gambia. It may not be enforceable but it is prosecutable.
I showed you a case where bigamy was prosecuted in Gambia and that case was not thrown out due to the legality of the codes based on its inconsistency with the constitution. Instead of focusing on that case and admitting that bigamy is still a defacto crime in Gambia you are attempting to get into mundane constitutional issues.
Intead of being in denial, we should be tasking our elected officers to fulfill their constitutional duties by striking out laws that are inconsistent with our mores.
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"...Verily, in the remembrance of Allâh do hearts find rest..." Sura Al-Rad (Chapter 13, Verse 28)
...Gambian by birth, Muslim by the grace of Allah... |
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turk
USA
3356 Posts |
Posted - 22 Jul 2008 : 19:02:28
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| There are also children courts which works based on new children's act 2005. Would islamic law be resource for the children's act? |
diaspora! Too many Chiefs and Very Few Indians.
Halifa Salah: PDOIS is however realistic. It is fully aware that the Gambian voters are yet to reach a level of political consciousness that they rely on to vote on the basis of Principles, policies and programmes and practices. |
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