THE LAWS GOVERNING KADHIS’ COURTS IN ZANZIBAR, TANZANIA AND AREA COURTS IN KWARA STATE, NIGERIA

Abstract

Islamic law is of great impact to adjudication process on Muslim personal matters in
different regions of Africa. This legal system has been in usage among different
peoples of Africa sub-regions since post-colonial era. This paper attempts to evaluate
the issue of legal framework of Kadhis‟ Courts in Zanzibar and Kwara State of
Nigeria. The term legal framework as well as the variations in the courts structure of
the two regions of Africa will be examined in detail hereinafter. For the purpose of
this discourse, our main concern will be on the hierarchal arrangement of the courts
system with special focus on the Kadhis‟ Courts structure and the appropriate
constitutional provisions for the existence of the Kadhis‟ Courts in these different
regions of Africa. Essentially, this paper makes use of library research to evaluate the
subject matter of the study. Also the paper examines the official jurisprudence of each
region and its impact on adjudication process on Muslim personal matters in
Zanzibar and Kwara State of Nigeria.