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Islamic Law in Africa by J. D. Anderson

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APPENDIX D

FATUMA'S CASE

(Fatuma binti Mohamed bin Salim v. Mohamed bin Salim [1952] A.C.1.)

Brief reference has been made in certain footnotes (c.p. pp. 84, 93, 97, etc.) to this latest decision of the Privy Council regarding the validity of waqfs which may be said to represent family perpetuities, as also to the previous decision in Abut Fata v. Russomoy, 22 I.A. 76, on which it was based. Fatuma's case had not yet been decided by the Privy Council when I visited East Africa, and the comments on that case in the text of the Kenya section of this Survey were written in terms of its decision by the Court of Appeal for Eastern Africa with no knowledge that it had even been referred to the Judicial Committee: so it was only subsequently that brief ...

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