What sort of legal systems existed in Sub-Saharan Africa before European colonization?

by Doe22

I know this is a big area, both in terms of geography and time, but I have no idea what sort of legal systems existed in Africa before colonization. I assume Sharia was used in Muslim areas, but aside from that I have no idea. Did African legal systems resemble those in other areas at all? Were there lawyers, judges, juries, or similar roles? How did trials work? Were there written codes of laws and if so, who wrote them and how?

Anyway, I threw a bunch of different things in the preceding paragraph because I don't know much about this area or even where to really start. Any information would be greatly appreciated.

Gamecocks91

Sharia law existed in muslim areas of west Africa, as well as the muslim areas of east Africa. I also know of Xeer in Somalia, but I know little about it but I'm sure someone who does will add to that statement. Although I do know that it has positions that would be analogous to judges, lawyers, detectives, Etc.. Customary law however has existed since before colonization and in some places still practiced in Africa that have origins before colonization. In South Africa, as well as Ethiopia, I know that they still recognize customary courts and laws.

Addition: This is a fairly decent article on Xeer

bubadebeer

Im not sure about other types of legal groundwork. But there were interesting systems of right to ground to use for agriculture. It was very complex and not always very wel understood by the colonizers. It wasn`t really owned by individuals.

In sub sahara africa ground was more owned by tribes or families inside tribes. When ground wasnt worked upon, anybody could start using it. Ground couldnt be inherited. When your family had worked the land, you had a right to work it further. But it didnt mean you owned it. Ownerschip of land as a concept similar to European society was very uncommon in a lot of third world countries. When there was a dispute it would often be setlled trhough a sort of elder council.

In the Maghreb culture there already was a concept of ownership. You had ground that was state property, church property and community property. State and church property could be worked for a part of the yield. In the ottoman empire there was also a kind of similar system.

Important here is to say that this al this varied from region to region. Some tribes for example were still nomadic.

What the colonizers tried to do in Africa (as in the rest of the world) is to force through informal or more direct means the concept of private property, so the economy could be monitzed fully and trade would flourish more. Especially in the middle period of colonization when it wase more about control of trade then fully controlling other countries.

My post doesn't say a lot about other types of legal framework since i don't know much about it.

namesrhardtothinkof

The FAQ section on Africa in the sidebar may be particularly useful and interesting for you.