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2<br />

PREFACE<br />

In the name of God, the Most Gracious, the Most Merciful.<br />

Cadi Appeals Panel, which is a Panel vested with jurisdiction to hear appeals<br />

purely based on Sharia matters in the Gambia, is a creation of section 137A (1) of<br />

the 1997 Constitution of the Gambia. Appeals lie to it from decisions of the Cadi<br />

Courts and the District Tribunals of the Gambia in accordance with section 137 A<br />

(6) of the same Constitution.<br />

The Panel, shall be comprised of a Chairperson and not less than four other<br />

members and for the purpose of hearing appeals its quorum shall be constituted by<br />

at least three members of the Panel in accordance with sections 137A(1) and 137A<br />

(2) of the Constitution respectively.<br />

Jurisdiction wise, the Panel, by section 137A (6) of the Constitution is only<br />

allowed to hear appeals from judgements of the Cadi Courts on matters relating to<br />

marriage, divorce and inheritance and from the decisions of the District Tribunals<br />

where Sharia Law is involved.<br />

However, section 7 of the Mohammedan Law Recognition Act Cap 6:04<br />

Laws of the Gambia, which has not been expressly repealed by any law in the<br />

Gambia provides that, Mohammedan Courts (now Cadi Courts and Cadi Appeals<br />

Panel) can entertain causes and matters, contentious or un-contentious, between or<br />

exclusively affecting Mohammedan Africans relating to Civil status, Marriage,<br />

Succession, Donations, Testaments and Guardianship.

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