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Native Foreigners and the Ambiguity of Order and Identity: The Case of African Diasporas and Islamic Law in British Cameroon

Published online by Cambridge University Press:  09 May 2014

Harmony S. O'Rourke
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Abstract:

In 1947, the colonial government in British Cameroon established an Islamic court in the Grassfields to try cases involving the region's Muslim population, primarily comprised of Fulani and Hausa diaspora communities that had settled the area since the late nineteenth century. Colonial debates over the creation and purview of the court reveal uncertainties that permeated Indirect Rule's legal categories of native and non-native, or tribe and race, which were to be governed by customary and civil law, respectively. Comparing legal regimes in British Cameroon with Northern Nigeria, the homeland of “native” Hausa and Fulani, shows that Islamic law sat uneasily across the divide between customary and civil law. With the importation of the court to the Grassfields, where Fulani and Hausa transformed into “native foreigners,” the delineation between customary and civil law was rendered even more obscure, illustrating that it could never neatly correspond to constructions of race and tribe.

Type
Critical Source Analysis
Information
History in Africa , Volume 39 , 2012 , pp. 97 - 122
Copyright
Copyright © African Studies Association 2012

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References

Akyeampong, Emmanuel, “Race, Identity, and Citizenship in Black Africa: the Case of the Lebanese in Ghana,” Africa 76–3 (2006), 297–323.CrossRefGoogle Scholar
Anderson, J.N.D., Islamic Law in Africa (London, Frank Cass, 1970 [1954]).Google Scholar
Bakewell, Oliver, “In Search of the Diasporas within Africa,” African Diaspora I (2008), 5–27.Google Scholar
Berry, Sara, No Condition is Permanent: Social Dynamics of Agricultural Change in Sub-Saharan Africa (Madison, University of Wisconsin Press, 1993).Google Scholar
Chanock, Martin, Law, Custom, and Social Order: The Colonial Experience in Malawi and Zambia (Portsmouth, Heinemann, 1998).Google Scholar
Cohen, Robin, Global Diasporas: An Introduction (London, University College London Press, 1997).CrossRefGoogle Scholar
Christelow, Allan, “Islamic Law and Judicial Practice in Nigeria: An Historical Perspective,” Journal of Muslim Minority Affairs 22 (2002), 185–204.CrossRefGoogle Scholar
Glassman, Jonathon, War of Words, War of Stones: Racial Thought and Violence in Colonial Zanzibar (Bloomington, Indiana University Press, 2011).Google Scholar
Gocking, Roger, “British Justice and the Native Tribunals of the Southern Gold Coast Colony,” Journal of African History (1993), 93–113.Google Scholar
Hall, Bruce S., A History of Race in Muslim West Africa, 1600-1960 (Cambridge, Cambridge University Press, 2011).Google Scholar
Horton, Mark, and Middleton, John, The Swahili: The Social Landscape of a Mercantile Society (Maiden MA, Blackwell, 2000).Google Scholar
Kopytoff, Igor (ed.), The African Frontier: The Reproduction of Traditional African Societies (Bloomington, Indiana University Press, 1987)Google Scholar
Kuba, Richard, and Lentz, Carola (eds.), Land and the Politics of Belonging in West Africa (Leiden/Boston, Brill, 2006).Google Scholar
Mamdani, Mahmood, Citizen and Subject: Contemporary Africa and the Legacy of Late Colonialism (Princeton NJ, Princeton University Press, 1996).Google Scholar
Mamdani, Mahmood, “Beyond Settler and Native as Political Identities: Overcoming the Political Legacy of Colonialism,” Comparative Studies in Society and History 43 (2001), 651–664.Google Scholar
Mamdani, Mahmood, “W.E.B. Du Bois Lecture Series ‘Beyond Settlers and Natives,’” (Cambridge, Harvard University, 18-20 November 2008).Google Scholar
Middleton, John, The World of the Swahili: An African Mercantile Civilization (New Haven, Yale University Press, 1992).Google Scholar
Nkwi, Paul N., and Warnier, Jean-Pierre, Elements for a History of the Western Grassfields (Yaoundé, University of Yaoundé, 1982).Google Scholar
Oba, Abdulmumini A., “Islamic Law as Customary Law: The Changing Perspective in Nigeria,” The International and Comparative Law Quarterly 51 (2002), 817–850.Google Scholar
O'Neil, Robert, “Imperialisms at the Century's End: Moghama Relationships with Bali-Nyonga and Germany, 1889-1908,” in: Fowler, Ian and Zeitlyn, David (eds.), African Crossroads: Intersections between History and Anthropology in Cameroon (Providence RI, Berghahn Books, 1996), 81–100.Google Scholar
Pelican, Michaela, “Mbororo Claims to Regional Citizenship and Minority Status in North-West Cameroon,” Africa 8 (2008), 540–560.Google Scholar
Pellow, Deborah, “From Accra to Kano: One Woman's Experience” in: Coles, Catherine and Mack, Beverly (eds.), Hausa Women in the Twentieth Century (Madison, University of Wisconsin Press, 1991), 50–68.Google Scholar
Pellow, Deborah, Landlords and Lodgers: Socio-Spatial Organization in an Accra Community (Chicago, University of Chicago Press, 2002).Google Scholar
Peters, Rudolph, Islamic Criminal Law in Nigeria (Ibadan, Spectrum Books Limited, 2003).Google Scholar
Peters, Rudolph, Crime and Punishment in Islamic Law: Theory and Practice from the Sixteenth to the Twenty-first Century (Cambridge, Cambridge University Press, 2005).Google Scholar
Peters, Rudolph, “Sharia and Colonial Public Policy: Criminal Law in British India and Colonial Nigeria,” lecture for the Islamic Legal Studies Program (Cambridge, Harvard University, 2 April 2008).Google Scholar
Ranger, Terence O., “The invention of tradition in Colonial Africa,” in: Hobsbawm, Eric and Ranger, Terence O. (eds.), The Invention of Tradition (Cambridge/New York, Cambridge University Press, 1983), 211–262.Google Scholar
Ranger, Terence O., “The Invention of Tradition Revisited: the Case of Colonial Africa,” in: Ranger, Terence O. and Vaughan, O. (eds.), Legitimacy and the State in Twentieth-century Africa (London, Palgrave Macmillan, 1993), 62–111.Google Scholar
Roberts, Richard, Litigants and Households: African Disputes and Colonial Courts in the French Soudan, 1895-1912 (Portsmouth, Heinemann, 2005).Google Scholar
Salamone, Frank, “The Clash Between Indigenous, Islamic, Colonial and Post-Colonial Law in Nigeria,” The Journal of Legal Pluralism and Unofficial Law 21 (1983), 15–60.CrossRefGoogle Scholar
Spear, Thomas, “Neo-Traditionalism and the Limits of Invention in British Colonial Mricz.” Journal of African History 44–1 (2003), 3–27.CrossRefGoogle Scholar
Swartz, Mark J., “Religious Courts, Community, and Ethnicity among the Swahili of Mombasa: An Historical Study of Social Boundaries,” Africa 49 (1979), 29–41.Google Scholar
Ubah, Chinedu N., “Islamic Legal System and the Westernization Process in the Nigerian Emirates,” The Journal of Legal Pluralism and Unofficial Law 20 (1982), 69–93.Google Scholar
Vail, Leroy (ed.), The Creation of Tribalism in Southern Africa (Berkeley/Los Angeles, University of California Press, 1991).Google Scholar
Yadudu, Auwalu Hamsxu, “Colonialism and the Transformation of the Substance and Form of Islamic Law in the Northern States of Nigeria,” Journal of Law and Religion 9 (1991), 17–47.CrossRefGoogle Scholar
Yusuf, Ahmed Beita, “Legal Pluralism in the Northern States of Nigeria: Conflict of Laws in a Multi-Ethnic Environment,” PhD thesis, SUNY Buffalo (Buffalo, 1976).Google Scholar