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Islamic Law in Africa by J. D. Anderson

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SOMALILAND PROTECTORATE

In the Somaliland Protectorate, the Principal Order in Council, 1929, as usual provides that “In all cases, civil and criminal, to which natives are parties, every court (a) shall be guided by native law, so far as it is applicable and is not repugnant to justice and morality, or inconsistent with any Order in Council or Ordinance, or any regulation or rule made under any Order in Council or Ordinance; and (b) shall decide all such cases according to substantial justice, without excessive regard to technicalities of procedure and without undue delay.”1 Similarly, in making Ordinances, the Governor must “respect existing native laws and customs except so far as the same may be opposed to justice or morality.”2 The definition ...

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