Constitution of the Republic of The Gambia 1996, as amended to 2018
Religious Law
  • 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)
Religious Law
  • English

    (2) The National Assembly shall have no power to pass a Bill—

    (b) to establish any religion as a state religion;
    … (Sec. 100)
Religious Law
  • English
    (1) A Cadi Court shall be established in such places in The Gambia as the Chief Justice shall determine.
    (2) The Cadi Court shall be composed—
    (a) for hearings at first instance, by a panel consisting of the Cadi and two other scholars of the Sharia qualified to be a Cadi or Ulama;

    (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.
    (5) Any party to a proceeding in the Cadi Court who is dissatisfied with a decision of the Court may appeal to the Cadi Appeals Panel.
    (6) A person shall be required to be of high moral standing and professionally qualified in the Sharia in order to be appointed a Cadi or Ulama.
    (7) A party to proceedings in the Cadi court shall be entitled to be represented, at his or her own expense, by a person qualified in the Sharia. (Sec. 137)
Religious Law
  • English
    (1) There shall be a Cadi Appeals Panel which shall Panel 6 of 2001 consist of-
    (a) a Chairperson; and
    (b) not less than four other members.

    (4) The Chairperson and other members of the Panel shall be appointed by a Cadi Appeals Selection Committee which shall consist of-
    (a) the Chief Justice;
    (b) the Attorney General; and
    (c) a member of the Supreme Islamic Council nominated by that Council.
    (5) A person shall not be qualified for appointment to the Panel-
    (a) as a Chairperson, unless the person-
    (i) is a legal practitioner and has been so qualified for a period of not less than five years, and
    (ii) is professionally qualified in the Sharia;
    (b) as a member, unless the person is professionally qualified in the Sharia.
    (6) The Panel shall have jurisdiction to hear and determine appeals from judgment of the Cadi Court and from the District Tribunals where Sharia law is involved.
    … (Sec. 137A)
Customary Law
  • English
    In addition to this Constitution, the laws of The Gambia consist of—

    (e) customary law so far as concerns members of the communities to which it applies;
    … (Sec. 7)
Customary Law
  • English

    (4) where a compulsory acquisition of land by or on behalf of the Government involves the displacement of any inhabitant who occupy the land under customary law, the Government shall resettle the displaced inhabitants on suitable alternative land with due regard to their economic well-being and social and cultural values.
    … (Sec. 22)
Customary Law
  • 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;
    (d) for the application in the case of members of a particular race or tribe of customary law with respect to any matter in the case of persons who, under that law, are subject to that law.
    … (Sec. 33)
Customary Law
  • English

    (3) Every citizen of The Gambia being of the age of eighteen years or older and of sound mind shall be entitled, in accordance with the provisions of this Chapter10 and any Act of the National Assembly providing for such elections to vote in elections for local government authorities and traditional rulers in the area in which he or she is ordinarily resident. (Sec. 39)
Customary Law
  • English
    (1) The President shall appoint a District Seyfo in consultation with the Minister responsible for Local Government.
    (2) The Minister responsible for Local Government may, in consultation with the Regional Governors, make recommendations to the National assembly for the creation of new Seyfo Districts. (Sec. 58)
Customary Law
  • English
    (1) The Minister responsible for local government shall appoint an Alkalo in consultation with the Regional Governors and District Seyfo or Chairperson of the Kanifing Municipal Council, as the case may be.
    (2) The Minister shall, in making an appointment under subsection (1), take into account traditional lines of inheritance. (Sec. 59)
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.”
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Chapter IV on Protection of Fundamental Rights and Freedoms.
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Chapter IV on Protection of Fundamental Rights and Freedoms.
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Chapter IV on Protection of Fundamental Rights and Freedoms.
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Chapter IV on Protection of Fundamental Rights and Freedoms.
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Chapter V on Representation of the People.