Gambia · Overview
The legal system of Gambia
English common law with Sharia applied by Cadi courts in Muslim personal status matters and customary law in district tribunals. Since the 2017 transition the country has pursued transitional justice through the TRRC and a draft constitution, though the 2020 draft failed to pass the National Assembly.
Legal tradition
Gambia belongs to the mixed (common law, customary law, sharia) tradition. English common law with Sharia applied by Cadi courts in Muslim personal status matters and customary law in district tribunals. Since the 2017 transition the country has pursued transitional justice through the TRRC and a draft constitution, though the 2020 draft failed to pass the National Assembly.
How power is divided
Executive president, unicameral National Assembly with a small number of nominated members, and a judiciary that historically relied on judges seconded from other Commonwealth states.
Where law comes from
- Constitution
- Supreme law under section 4.
- Acts of the National Assembly
- Primary legislation.
- Common law and equity
- Received English rules as locally developed.
- Sharia
- Applied by Cadi courts in marriage, divorce and inheritance for Muslims.
- Customary law
- Applied by district tribunals in specified matters.
The legal profession
Fused; admission by the Chief Justice on the roll of legal practitioners, with the Gambia Bar Association as the professional body.
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