أهم عوائق تطبيق قاعدة: "العادة محكمة"، في قبيلة باغندا - بأوغندا

Abstract

Abstract

This article is under the topic: “The key obstacles to application of the legal maxim of “The custom is a basis of judgement” in the Ganda tribe in Uganda”.

The ancient and contemporary jurists unanimously agreed that, the legal maxim of “The custom is abasis of Judgement” is one of the key Sharia maxims that have widespread influence on the provisions of the Islamic jurisprudence, and also one of the indispensable necessities of life, as it is linked to the arbitration of the custom, which is a foundation for many practical rulings in various sections of jurisprudence, and has the authority to reveal how rulings are applied in different situations, which makes people desperately need it, in organizing and facilitating their lives.

However, what happens in the Ganda tribe is that, the application of this legal maxim is blocked by several blockades, making practice of the customs difficult or impossible, and leading to discomfiture because of abandoning what is familiar and accustomed to by the tribe.

Subsequently, this resulted in to the advent of numerous bad practices in the society, e.g. disobedience to parents, breaking of ties with kith and kin, abusing of people, women emancipation, haughtiness and vanity, violation of marital rights and duties, celibacy, fornication and adultery, etc.

This prompted the researcher to delve into this matter to identify and discuss the key obstacles to application of this legal maxim and their impact on the implementation of customs and traditions within the Ganda tribe in Uganda, while suggesting some solutions to them.  

Key words: Obstacles, Legal maxim, Custom, Judgement, Ganda tribe, Uganda.