Reimagining Legal Pluralism in Africa

Anthony C. Diala, Ph.D. (2016), is a distinguished Professor of African law and Director of the Centre for Legal Integration in Africa at the University of the Western Cape, South Africa. Renowned for his research, he specialises in legal pluralism, comparative law, and human rights in Africa.Christa Rautenbach, LL.D. (2001), is a distinguished Professor of Law at the North-West University, South Africa. A leading scholar in legal pluralism and succession law, she has authored and edited key publications, such as "Introduction to Legal Pluralism in South Africa" (LexisNexis, 2021, 5th ed).

• ForewordAcknowledgementsNotes on Contributors1 IntroductionAnthony C. Diala and Christa RautenbachPart 1Succession in African Legal Pluralism2 State Intervention in the Customary Law of Succession in South Africa: What Remains of Customary Norms in the “Rainbow Nation”?Christa Rautenbach3 The Communal Nature of the South African Customary Law of Succession: Developments in the 21st CenturyFatima OsmanPart 2Marriage in African Legal Pluralism4 Balancing Customary Practices and Human Rights in the Proposed Single Marriage BillRita Ozoemena, George Fordam Otieno Wara and Khupi Ramarumo5 Recognition of Woman-to-Woman Marriage under State Laws and African Customary LawsAdeniyi Olatunbosun and Samson Odetayo6 Constitutional Transformation of the Customary Marriage Laws of the Batswana TribeBoitumelo MmusinyanePart 3Islamic and Comparative Law in African Legal Pluralism7 The Past, Present, and Future of Muslim Personal Law in Ghana: A Judicial AnalysisYüksel Sezgin8 Community Protocols as Self-Determination Strategies: Indigenous Experiences of Legal Pluralism in the Global South – The Cases of Brazil and South AfricaRodrigo Ferreira Barros9 Sustainability of Customary Law Arbitration within the Nigerian Legal System: Judicial Rigidity versus the Organic Fluidity of Customary LawPhilip O. Odiase10 “Our Human Rights are Our Land”: Reconceptualising the Right to Property from an Indigenous PerspectiveDavinia Gómez-SánchezPart 4Theoretical Perspectives on African Legal Pluralism11 Penalising Passion: A Reflection on the Offence of Adultery in the Context of Cultural Relativism and Human RightsJennifer H. Mike12 Limitations to the Application of Customary Law as Determinants of the Nature of Customary Law in BotswanaBonolo Ramadi Dinokopila13 Laws of Motion and Motions of Laws: Towards a Transformative Law-and-Political-Economy Framework for Customary Law in South AfricaReshard L. KolabhaiEpilogueAlbie SachsIndex