The main challenge of understanding Sharia in the West is its undefined nature. This contradicts the ease with which the term is used in public and political discourse, but also in the legal... Show moreThe main challenge of understanding Sharia in the West is its undefined nature. This contradicts the ease with which the term is used in public and political discourse, but also in the legal domain, which prides itself on its precision in terminology. This article addresses the question: What is the Sharia that Muslims in the West practice? To this end, a model is presented that provides tools to describe the complex inter- action between Sharia, as practiced by Western Muslims, and their Western environ- ment, and elucidates the ongoing dialectic of this interaction. The model further shows how Western Muslims adopt and adapt Sharia by manoeuvring between their specific needs in the Western context and the conditions set by that context. From a Western perspective, the model shows that issues of Sharia are usually discussed in legal terms, while most controversies are not legal but cultural in nature. Show less
Kobusingye, D.N.; Dijk, J.W.M. van; Leeuwen, M. van 2016
In Sub-Saharan Africa, Uganda has been hailed for embarking on an intensive decentralization programme. Whereas a lot of literature assumes that decentralization leads to improved service delivery... Show moreIn Sub-Saharan Africa, Uganda has been hailed for embarking on an intensive decentralization programme. Whereas a lot of literature assumes that decentralization leads to improved service delivery, it is unclear to what extent this is the case in practice, especially when it comes down to decentralized land governance. This paper, which is based on ethnographic research carried out between 2011 and 2013, argues that decentralization of land governance in post-conflict Northern Uganda fails to realize the expected benefits and instead has increased tenure insecurity. Decentralization of land governance gave rise to institutional multiplicity by creating new institutions that add on to the already existing authorities and regulations. Institutional proliferation in land governance that is fuelled by legal pluralism and decentralization results into confusion in land dispute resolution and the failure of institutions to effectively resolve land disputes in post-conflict settings. This exacerbates the dilemma of people who do not know where to go to seek redress to land disputes. While this multiplicity of both statutory and customary institutions creates choices and opportunities for both people and institutions in relation to land governance and in particular land conflict resolution, they are also used by power holders and authorities in political competition at local level, complicating the process of land dispute resolution. The struggle for authority between representatives of the state and of customary land institutions becomes especially problematic because it merges with local and national politics. Show less
Wetlands support livelihoods of communities living around them as in the Nyando Papyrus Wetland in Kenya. The Nyando Papyrus Wetlands provide multiple resources hence there are multiple uses and... Show moreWetlands support livelihoods of communities living around them as in the Nyando Papyrus Wetland in Kenya. The Nyando Papyrus Wetlands provide multiple resources hence there are multiple uses and users who often overlap spatially and seasonally causing conflicts. More claims are being exerted on these wetland resources from different sides and institutional levels with different actors. The actors involved refer to various legal systems and mechanisms, and frequently create new hybrid law as in the case in the Nyando papyrus wetlands. These institutions, in various degrees of transformation, still have an important role in determining how resources are used. The objective of this study is to find out about the institutions affecting wetland resource use in the past and in the present and to determine the dynamics of specific natural resource-related institutions in four sub-locations in the Nyando Papyrus Wetlands, Kenya. The study shows that there is legal pluralism in the Nyando Wetlands, which requires synergy for sustainable livelihoods in the local communities and for ecosystem management. Show less
