African Criminology Journal

Advancing Scholarship Across the Continent

Vol. 2005 No. 1 (2005)

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Indigenous Legal Knowledge Systems in Tanzanian Courts: An Analysis

Mugyenyi Chiza, Catholic University of Health and Allied Sciences (CUHAS) Chituwo Siliro, Department of Research, Catholic University of Health and Allied Sciences (CUHAS) Lupungu Ngindozi, Department of Advanced Studies, Catholic University of Health and Allied Sciences (CUHAS) Kamali Mwakabika, Department of Research, National Institute for Medical Research (NIMR)
DOI: 10.5281/zenodo.18818502
Published: March 12, 2005

Abstract

Indigenous legal knowledge systems in Tanzania have been underutilized within formal legal frameworks, particularly in court settings where they could enhance justice delivery and cultural relevance. This study employed a qualitative case study approach focusing on interviews with judges, lawyers, and traditional leaders in selected regions of Tanzania. Indigenous legal practices were found to be predominantly practiced by traditional leaders but not formally recognised or integrated into court proceedings. While indigenous knowledge systems have significant potential for improving justice delivery, they remain underutilized due to formal legal barriers and lack of integration mechanisms. Policy recommendations include the development of formal recognition pathways for indigenous legal practices and fostering dialogue between traditional leaders and judicial bodies.

How to Cite

Mugyenyi Chiza, Chituwo Siliro, Lupungu Ngindozi, Kamali Mwakabika (2005). Indigenous Legal Knowledge Systems in Tanzanian Courts: An Analysis. African Criminology Journal, Vol. 2005 No. 1 (2005). https://doi.org/10.5281/zenodo.18818502

Keywords

AfricanJurisprudenceIndigenizationCritical Race TheoryLegal PluralismHeritage LawAnthropology

References