ABSTRACT

The British Central African Order in Council, 1902 (as amended in 1907 and 1912) includes provisions regarding both the jurisdiction of the High Court and the application of "native law" which are almost identical with those already noted in the case of the East African territories.1 With regard to the application of Islamic law, therefore, the position is that it will only be applied (a) in so far as this is specifically provided, or at least implied, in any Ordinance; (b) in so far as it may have become the" native law" of any locality, tribe 01 community2; and (c) in so far as this may be necessary, on ordinary principles, in regard to the movable property situated within the Protectorate of a deceased Muslim domiciled elsewhere.3