ABSTRACT

This chapter explores the challenges of applying the principle of equality in the context of formal and informal jurisdictions in Niger, Mali, and Chad. Situated in the Sahel, these countries are characterized by complex forms of legal pluralism, where civil law, customary law, and religious law coexist and often compete. The study traces the historical roots of this plurality from the pre-colonial and colonial periods to contemporary debates on personal status legislation. It shows how resistance to codification, especially regarding family law, reflects a deep attachment to customary and Islamic norms, often in tension with constitutional and international commitments to equality. By examining legislation, constitutional provisions, case law, and practices of de facto courts such as qadis and religious associations, the article highlights the gaps between law and practice. It argues that reconciling multiple normative orders remains a central challenge for ensuring both legal certainty and social legitimacy in the Sahel.