Search Database

The Global Gender Equality Constitutional Database is a repository of gender equality related provisions in 194 constitutions from around the world. Experience its wealth and depth of information by starting your search now.

REFINE RESULTS
About 90 results

Religious Law

Gambia, 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)

Customary Law

Gambia, English

(2) Subject to the provisions of subsection (5), no law shall make any provision which is discriminatory either of itself of in its effect.
(3) Subject to the provisions of subsection (5), no person shall be treated in a discriminatory manner by any person acting by virtue of any law or in the performance of the functions of any public office or any public authority.

(5) Subsection (2) shall not apply to any law in so far as that law makes provision-

(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.
(6) Subsection (3) shall not apply to anything which is expressly or by necessary implication authorised to be done by any such provision of law as is referred to in subsection (5).
… (Sec. 33)

Religious Law

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)

Religious Law

Gambia, English

(2) The National Assembly shall not pass a Bill-

(b) to establish any religion as a state religion;
… (Sec. 100)

Religious Law

Gambia, English

(1) The Gambia is a Sovereign Secular Republic
… (Sec. 1)

Citizenship and Nationality

Gambia, English

A person born outside The Gambia after the coming into force of this Constitution shall be a citizen of The Gambia by descent if at the time of his or her birth either of his or her parents is a citizen of The Gambia otherwise than by virtue of this section or any comparable provision of any earlier Constitution. (Sec. 10)

Citizenship and Nationality

Gambia, English

(1) Any person who has been ordinarily resident in The Gambia for a continuous period of not less than fifteen years and who satisfies the conditions set out in subsection (2) may apply, in such manner as may be prescribed by or under an Act of the National Assembly, to be naturalised as a citizen of The Gambia.
(2) The conditions referred to in subsection (1) are that the applicant-
(a) is of full age and capacity;
(b) is of good character ;
(c) has clearly shown that, if naturalised, he or she intends to continue permanently to reside in The Gambia;
(d) is capable of supporting himself or herself and his or her dependents.
(3) The Secretary of State shall give reasons for any refusal of an application made under this section.
(4) No person shall be naturalized until he or she has renounced any other citizenship he or she may have take an oath of allegiance to The Gambia. (Sec. 12)

Citizenship and Nationality

Gambia, English

Any person who-
(a) is married to a citizen of The Gambia and, since the marriage, has been ordinarily resident in The Gambia for a period of not less than seven years; or
(b) has been married to another person who was, during the subsistence of the marriage a citizen of The Gambia and, since the end of the marriage (whether by annulment, divorce or death), has been ordinarily resident in The Gambia for a period of not less than seven years, shall be entitled, upon making application in such manner as may be prescribed by or under an Act or the National Assembly, to be registered as a citizen of The Gambia.
(2) The annulment of a marriage of a person who has been registered as a citizen of The Gambia under this section, or under the provisions of any earlier law for the registration as a citizen of The Gambia of a person on account of marriage, shall not affect that person’s status as a citizen of The Gambia. (Sec. 11)

Citizenship and Nationality

Gambia, English

(1) A Citizen of The Gambia who acquires the Citizenship of another Country may, if he or she so desires, retain his or her citizenship of The Gambia;
(2) An Act of the National Assembly may make provision for the better implementation of this section. (Sec. 12A)

Citizenship and Nationality

Gambia, English

(1) The Secretary of State may apply to the high court for an order depriving a person who has been registered or has been naturalised as a citizen of The Gambia of his or her citizenship on the grounds that he or she-
(a) has acquired by registration, naturalisation or any voluntary and formal act (other than marriage) the citizenship of any other country.
(b) has acquired the citizenship of The Gambia by means of fraud, false representation or the concealment of any material fact;
(c) has, at any time since acquiring citizenship of The Gambia, voluntarily claimed and exercised in a country other than The Gambia any rights available to him or her under the laws of that country, being rights accorded exclusively to that country's citizens;
(d) has within seven years after being registered or naturalised been convicted in any country of an offence involving fraud, dishonesty or moral turpitude.
and, in the cases referred to in paragraphs (c) and (d), it is not conducive to the public good that he or she should continue to be a citizen of The Gambia.

(4) Nothing in this or any other provision of this Constitution or any other law shall be construed has depriving, or authorising any person or authority to deprive, any citizen of The Gambia by birth or descent of his or her citizenship of The Gambia whether on account of such citizen holding the citizenship or nationality of some other country or for any other cause. (Sec. 13)