ABSTRACT
This chapter provides a critical overview of The Gambia’s tripartite legal system regarding marriage, inheritance, and divorce, situated within the broader context of its history and political turmoil. It examines the different compulsory legal pathways for Muslims and non-Muslims and exposes the country’s constitutionally protected discrimination and the extent of its resulting “non-violent” harm, which, the chapter argues, in its bloodlessness, shields The Gambia from global scrutiny. It criticizes the government’s backing and protection of its legal prejudice, and reveals the redundant nature of the nation’s anti-discrimination legislation and international obligations, showcasing an absence of judicial tension and reluctance to entertain religious and legal equilibrium. The reliance on stagnant historical interpretations of a subjective text, particularly in legal practice, is scrutinized, and sharia as a representation of Islam is contested. The chapter suggests that The Gambia’s legal pluralism itself is a harmful tool of discrimination and a barrier to progress. However, it is suggested that offering Gambian Muslims the ability to choose their legal “pathway” would be the first, albeit small, step towards non-discrimination. The argument is based on legal analysis of discrimination espoused by The Gambia’s personal status laws and a critical analysis of the stagnant religious legal codes.
