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The Global Gender Equality Constitutional Database is a repository of gender equality related provisions in 194 constitutions from around the world. The Database was updated in partnership with the International Bar Association's Human Rights Institute (IBAHRI) and with support from the Swedish International Development Agency (SIDA) and the Government of Japan. Experience its wealth and depth of information by starting your search now.

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Property, Inheritance and Land Tenure

Gambia
  • 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)

Property, Inheritance and Land Tenure

Gambia
  • 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)

Property, Inheritance and Land Tenure

Gambia
  • 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)