204
INDEX
registration of businesses, 23 regulatory framework. See statutory law religious law. See also Sharia law access to, 131 in constitutions, 53–56, 56f customary law influenced by, 51b family law and, 20, 150 inheritance rights and, 11, 76 legal pluralism and, 14–15, 110–11 nondiscrimination provisions and, 86n4, 110 recognition of, 50–60, 55b, 56f, 58–60f rule of law and, 58 as source of law, 3, 39–40 in statutory law, 56–60, 58f, 60f statutory limits on, 57 Republic of Congo legal capacity in, 62 marital property rights in, 73 repugnancy test, 57, 59, 87n16, 112–13 Rono v. Rono (Kenya, 2005), 92–93 Roy, Sanchari, 5b, 32 rule of law legal capacity and, 63–64 measurement of, 87n17 religious law and, 58 Rwanda access to legal system in, 142 hybrid legal system in, 86n5 legal capacity in, 62, 64 legal systems in, 36n9 marital property rights in, 73 nondiscrimination provisions in, 117n3
S Saidy v. Saide, Shrunsole, and Saidy (The Gambia, 1974), 111, 113 Sawe v. Sawe (Tanzania, 1992), 104b Seboko, Mosadi, 129b self-employed employers. See also entrepreneurs economic rights and, 6–8b, 33–35b property rights and, 24–27b Senegal dowry regimes in, 72b marital property rights in, 73
prenuptial contracts in, 66b property rights in, 48 religious law in, 54, 55b separate property as default regime in, 69 separate property regimes as default, 11, 65–68 division of property on divorce, 74, 76–77f inheritance rights, 77, 78, 79–80f, 79f nonmonetary contributions in, 137 Sex Discrimination Act of 2002 (Mauritius), 99 Seychelles labor laws in, 83 legal capacity in, 64 Sharia law constitutions influences by, 53–54 forum shopping and, 114 property rights of women, 55b as source of religious law, 87n14 women judges and, 132n4 Shilubana v. Nwamitwa (South Africa, 2008), 87n15, 108, 127 Sierra Leone customary law in, 52, 105, 107, 127, 130 lawyer shortage in, 125 legal aid services in, 145b nondiscrimination provisions in, 117n3 separate property regime in, 70 small claims courts, 146 social capital, 35n3 Somalia, religious law in, 55b South Africa community of property as default regime in, 69 constitutional power of courts in, 94, 117n5 customary law in, 51b, 87n15, 105, 107, 108, 127, 140 default property regimes in, 87n21 legal aid services in, 145b legal capacity in, 61b, 64 precedent in, 101 prenuptial contracts in, 66b