Leiden University Scholarly Publications

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Bouland, A.M. (2022)

Please give me my divorce: an ethnography of Muslim women and the law in Senegal

Doctoral Thesis
In Senegal, questions of gender, notably the regulation of marital relations, are hotly debated, and pit Islamic authorities against the government. While the Family Code of 1972 promotes women’s rights to get a divorce in court, local social realities are different. This study explores the public debate about family law and provides an ethnography of family law practice. It shows how women navigate the
contested spaces of family law as they try to change the terms their marriages or obtain divorce. The role of family is key. Women must work their kin to mobilize support. They may also interact with local authorities – the imam, the chef de quartier, the House of Justice, and the judge. This study shows that women draw on multiple and overlapping sets of norms and tend to invoke the state only as last resort. Behind the polarized debate hides a practice that is fluid. This is reflected in the relations between local authorities, who recognize and respect each other’s roles,...Show moreIn Senegal, questions of gender, notably the regulation of marital relations, are hotly debated, and pit Islamic authorities against the government. While the Family Code of 1972 promotes women’s rights to get a divorce in court, local social realities are different. This study explores the public debate about family law and provides an ethnography of family law practice. It shows how women navigate the
contested spaces of family law as they try to change the terms their marriages or obtain divorce. The role of family is key. Women must work their kin to mobilize support. They may also interact with local authorities – the imam, the chef de quartier, the House of Justice, and the judge. This study shows that women draw on multiple and overlapping sets of norms and tend to invoke the state only as last resort. Behind the polarized debate hides a practice that is fluid. This is reflected in the relations between local authorities, who recognize and respect each other’s roles, even if they work from competing claims to authority.
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Family Law
Islam
State
Marriage
Islamic Law
Legal Pluralism
Law and Society
Socio-Legal Studies
Legal Anthropology
All authors
Bouland, A.M.
Supervisor
Otto, J.M.; Kaag, M.M.A.
Co-supervisor
Jacobs, C.I.M.
Committee
Ubink, J.M.; Bedner, A.W.; Bowen, J.; Hill, J.; Seck, A.
Qualification
Doctor (dr.)
Awarding Institution
Institute for the Interdisciplinary Study of the Law, Faculty of Law, Leiden University
Date
2022-05-18
Title of host publication
Meijers-reeks

Publication Series

Name
MI-389

Funding

Sponsorship
Meijers Instituut; Adatrechtstichting