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Assignment 2 a) Critically discuss the debates about the role of custom in African laws and compare this discourse to the position that writers take on custom in relation to Islamic laws. b) Why do we get the impression that custom is centrally important in African laws, while it is peripheral in Islamic laws? c) In light of your studies in this course, provide a jurisprudential analysis investigating whether custom is perhaps important everywhere, but scholarship on different legal systems plays a critical role in shaping our perceptions of its role. Lecturer: Dr. Werner F. Menski There are many discussions surrounding the 'role of custom in Africa'. "The word 'custom'... encompasses not only those practices whose origins and justifications are derived from religious doctrine, but also those rooted in cultural tradition" (Poulter, 1986: 3). In Africa, there were customs that were not 'originally' regulated or enforced by law. These were 'long-standing' conventional practises, usually...

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