The Place of Islamic Law in Tanzania Mainland

The law reform process has been effective to a certain extent in achieving just outcomes in regards to native title. This can be seen through both the Eddie Mabo case [1992] and the Yorta Yorta case [2002] as although the cases had been concluded with final decisions, there were still measures that could have been taken, and areas where it could have been improved to achieve a just outcome.

Indigenous people have long held a complex system of law known as ‘traditional law’ well before British law was introduced in

There are few different branches of Islam but the two most prominent branches are Sharia law and Sufism. Sharia law and Sufism both seem to contradict each other. Sharia laws are the Qur’anic rules for the tangible world. The law includes predetermined punishment and rewards for actions, clearly defined by the Qur’an. It also has a spectrum of the lawfulness of actions, ranging from required to forbidden. Sufism, however, takes a more mystical approach to the practice of Islam. Sufism focuses on rejecting the material world and becoming one with God through self-annihilation. Despite the difference, I argue Sharia law and Sufism can be reconciled because although one person cannot practice both at the same time, but both versions of Islam

The change in legal affairs for the indigenous was a result of the change in rights and freedoms. Throughout the 19th century white settlers moved the Aboriginal people off their land and into reserves. This resulted in Aboriginal people experiencing dispossession, which meant that they didn’t exist. In the early 1970s the Whitlam government began to work on

(2) Tamanaha, Brian. 2008. “Law”, Oxford International Encyclopedia of Legal History, St. John's Legal Studies Research Paper No. 08-0095. Link in Course Readings and Available online: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1082436&rec=1&srcabs=1012051

Aboriginal customary laws, before white settlement in 1788, were considered primitive by the British, if considered at all. But Aboriginal laws and customs had lasted hundreds of years, based on traditions such as kinship ties and rituals.

Perhaps the best-known example of the Native Title Act failing to support those it purported to protect concerns the 1998 Yorta Yorta case. As one of the first legal challenges by native people following the passing of the act, the Yorta Yorta case was an opportunity to prove that things really had changed after Mabo. Sadly though, the failings of the legislation were brought into sharp focus, and the Yorta Yorta claim failed, under insufficient evidence to support uninterrupted connection to the

For the native title act to become seen as a law there where particular rules that must stay intact. This peoples right and interests to be possessed and recognised under the traditional laws currently acknowledged

Indigenous governance is filled with legislations and amendments that began with the Royal proclamation act of 7th October 1763. Since then, there has been a massive effort to civilize the indigenous population in order to integrate them with the non-indigenous population by the government of Canada. The main purpose of such a congress is debated till date.

Sharia law is an ancient compilation of religious rules that most Muslim nations seek reference in governing their people. Also defined as Islamic law, the essence of sharia laws emanated from the life of Prophet Mohammed known as the hadiths as well as the Quran teachings. The hadiths entail the vocal expressions of prophet Muhammad on divine life and his condemnation of immoral behavior that undermine the acceptable way of life. The teachings are accepted by the Muslim community who affirm that Muhammad’s teachings supplement the functionality of the Quran. On the other hand, the Quran, which forms the core reference on Muslim beliefs and regulations provides moral and spiritual guidance among the Muslims. It also dictates how the Muslims should interact with the non-Muslim community without contravening on the sharia doctrines (Hallaq 20-25).

Sharia – law believed to have originated from the “Koran, hadith, ijam, and qiyas” (Dictionary)

Chief Justice M. Hameedullah Beg., Justice N. L. Untwalia, Justice P. N. Bhagwati, Justice P. S. Kailasam, Justice S. Murtaza Fazal Ali, Justice V. R. Krishna Iyer and Justice Y. V. Chandrachud.

The holy Quran is a collection of the divinely inspired utterances and discourses (Ahmed, 16). It is composed of some 300 pages which are divided into 114 Surahs (chapters). The general tone of the holy Quran is sombre and meditative. It is a dialogue between God and humanity. At the core is a moral earnestness (Ahmed, 16). The Quran also teaches that humanity is created by God and therefore God understands its weaknesses and in Allah humans find the source of peace. Islam’s appeal lay – and – lies in the simplicity: one God, one Book, one Prophet (Ahmed, 17). Islam is a religion of balance, equilibrium, and compassion. The Islamic virtues are courage, generosity, cleanliness, and piety: and in his life the Prophet exemplifies them (Ahmed, 17).

The Quran is a religious manuscript with a unique effect on the legal, social, and political organizations of the numerous societies of Muslims since ancient times until today. Apparently, in the majority of Muslim states, their constitutions are usually canonized by the Islamic regimens. Consequently, the Quran is the foundation of the legal principles in such nations. The basis of numerous lawful codes in ancient Muslim kingdoms was primarily outlined in the Quran and was vastly referred by jurists especially in court proceedings. Additionally, the set of rules marks an integral position in the religious lives of Muslims. It encompasses the five prayers that are typically recited daily, and they entail the

The Supreme Court of India has adopted a forward-looking approach since last few years, particularly having regard to the socio-economic conditions prevailing in the country. In fact there are two kinds of approaches which characterise the functioning of the highest Court in every