You searched for: Content Type Working Paper Remove constraint Content Type: Working Paper Publishing Institution Collaborative Research Center (SFB) 700 Remove constraint Publishing Institution: Collaborative Research Center (SFB) 700 Political Geography Ethiopia Remove constraint Political Geography: Ethiopia Publication Year within 25 Years Remove constraint Publication Year: within 25 Years Publication Year within 5 Years Remove constraint Publication Year: within 5 Years
- Author: Girmachew Alemu Aneme
- Publication Date: 04-2018
- Content Type: Working Paper
- Institution: Collaborative Research Center (SFB) 700
- Abstract: The constitutional recognition of the Sharia justice system in Ethiopia has given rise to normative and judicial plurality. Both state and Sharia justice systems relate to a distinctive basis of legitimacy or justice; the state justice system is based on the Constitution of the Federal Democratic Republic of Ethiopia while the basis for the Sharia justice system is the divine law of Islam as revealed in the Quran. This paper reflects on the incongruences and incompatibilities in the relation between state justice and Sharia justice systems within the Ethiopian legal system. A closer analysis of the landmark case of Kedija Bashir et al. allows some important insight into the issue of constitutional and judicial review of the decisions of Sharia courts. Here, the objective of the paper is to explore the possible common normative grounds that would provide autonomy for each system, while maintaining a minimal normative standard in the sense of ‘ordre public’.
- Topic: Legitimacy, Justice, Judiciary, Autonomy
- Political Geography: Africa, Ethiopia