Gambia: Information on whether Islamic law prevails over criminal law in cases of rape or assault committed prior to marriage, and whether the police take action in such cases
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 1 January 1994 |
| Citation / Document Symbol | GMB16125.E |
| Cite as | Canada: Immigration and Refugee Board of Canada, Gambia: Information on whether Islamic law prevails over criminal law in cases of rape or assault committed prior to marriage, and whether the police take action in such cases, 1 January 1994, GMB16125.E, available at: https://www.refworld.org/docid/3ae6ac603b.html [accessed 29 May 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
According to Encyclopedia of the Third World, general, Shari'a and customary law is applied in the Gambia (1992, 667). General law, which is based on English statutes, governs criminal cases, trials and business (ibid.). This source also indicates that if there is a conflict between general and Shari'a law, general law prevails (ibid.).
According to Country Reports 1992, domestic violence does occur and female circumcision is practised (1993, 101). This source indicates that The Women's Bureau in the Office of the Vice-President conducted several campaigns in rural and urban areas with respect to assault, divorce and child custody, and property matters (ibid.).
According to a representative at the High Commission for the Gambia in Washington, DC, criminal law is applicable in cases of rape or assault, whether committed outside or within a marriage (14 Jan. 1994). This source indicated that victims in such cases may report the incident to the police and file a complaint, the police will then initiate prosecution procedures (ibid.). This source stated that rape is not common and further indicated that there are no centres offering services to victims (ibid.). The source further stated that battered women are considered to be a family responsibility and the woman`s first response is to rely on family; only if a woman is severely battered will she report the incident to the police (ibid.).
A representative of the Ministry of Justice in the Gambia concurred that the criminal code applies in cases of rape and assault against women (17 Jan. 1994). According to this source, no specific legislation deals with rape and assault against women, however general provisions included in the criminal code on assault and violence in general are applicable (ibid.). This source indicated that women in such situations will usually keep the matter to themselves or rely on family, because they are very reluctant to report such incidents to the police (ibid.). This source also agreed on the existence and role of the Women's Bureau in the Office of the Vice-President (ibid.). The source further indicated that current campaigns are conducted in rural areas, where women generally are not informed of their rights and where more problems and violence occur (ibid.).
This response was prepared after researching publicly accessible information currently available to the DIRB within time constraints. This response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.
References
Country Reports on Human Rights Practices for 1992. 1993. United States Department of State. Washington, DC: United States Government Printing Office.
High Commission for the Gambia, Washington, DC. 14 January 1994. Telephone interview with representative.
Encyclopedia of the Third World. 1992. 4th ed. Vol. 3. Edited by George Thomas Kurian. New York: Facts on File.
Gambia. Ministry of Justice, Banjul. 17 January 1994. Telephone interview with representative.
