Panel
5. Knowledge-making: Institutions, Objects, Cultural Ownership
Dominik Krell
Centre for Socio-Legal Studies University of Oxford, United Kingdom
Islamic adjudication in The Gambia was traditionally carried out by local elites or scholars trained within the region. Although connections between West Africa and the Middle East date back centuries, few had the opportunity to travel abroad for education. Beginning in the 1970s, scholarships provided by Arab governments allowed an increasing number of young Gambians to pursue studies in Islamic law in the Arab world. Saudi Arabia, particularly the Islamic University of Medina, has played a pivotal role in this process. Upon returning to their homeland, many of these Gambian graduates began careers as judges (Cadis) at local Islamic courts. Today, nearly all Gambian Cadis have been trained in the Middle East, the majority of them in Saudi Arabia.
Based on interviews with Gambian Cadis, Arabic legal literature, and written court judgments, this paper explores how the Cadis' training in the Middle East has shaped the application of Islamic law in Gambian Cadi courts. It demonstrates how the Cadis reconcile their often highly abstract academic training in Islamic jurisprudence with a pragmatic consideration of local customs and norms. The paper shows that this reconciliation is not seen as a deviation from the 'correct' application of Islamic law but as a necessary adaptation of the law that allows for effective adjudication and a well-functioning court system.