Constitution of the Republic of The Gambia 1996, as amended to 2018
Marriage and Family Life
  • English
    In addition to this Constitution, the laws of The Gambia consist of—

    (f) the Sharia as regards matters of marriage, divorce and inheritance among members of the communities to which it applies. (Sec. 7)
Marriage and Family Life
  • English
    (1) Men and women of full age and capacity shall have the right to marry and found a family.
    (2) Marriage shall be based on the free and full consent of the intended parties. (Sec. 27)
Marriage and Family Life
  • English
    (1) Children shall have the right from birth to a name, the right to acquire a nationality and, subject to legislation enacted in the best interest of children, to know and be cared for by their parents.
    … (Sec. 29)
Marriage and Family Life
  • English

    (2) Subject to the provisions of subsection (5), no law shall make any provision which is discriminatory either of itself or in its effect.

    (4) In this section, the expression "discrimination" means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, colour, gender, language, religion, political or other opinion, national or social origin, property, birth or other status whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject, or are accorded privileges or advantages which are not accorded to persons of another such description.
    (5) Subsection (2) shall not apply to any law in so far as that law makes provision—

    (c) with respect to adoption, marriage, divorce, burial, devolution of property on death or other matters of personal law;
    … (Sec. 33)
Marriage and Family Life
  • English

    (4) The Cadi Court shall only have jurisdiction to apply the Sharia in matters of marriage, divorce and inheritance where the parties or other persons interested are Muslims.
    … (Sec. 137)
1

Constitution of the Republic of The Gambia 1996, as amended to 2018 (English). The constitutional review process in The Gambia is still ongoing.

Links to all sites last visited 6 March 2024
2
Chapter III on Citizenship.
3
Chapter IV on Protection of Fundamental Rights and Freedoms.
4
Chapter IV on Protection of Fundamental Rights and Freedoms.
5
According to subsection 2: “The State shall pursue policies to protect the rights and freedoms of the disabled, the aged, children and other vulnerable members of society and to ensure that such persons are provided just and equitable social opportunities.”
6
Chapter IV on Protection of Fundamental Rights and Freedoms.
7
Chapter IV on Protection of Fundamental Rights and Freedoms.
8
Chapter IV on Protection of Fundamental Rights and Freedoms.
9
Chapter IV on Protection of Fundamental Rights and Freedoms.
10
Chapter V on Representation of the People.