Sources of Received Law in Tanzania: English Common Law, Statutes, Islamic & Customary Law

Received Law in Tanzania: Foundations of the Legal System

Received law refers to legal principles adopted from external systems—primarily during colonial rule—that continue to shape Tanzania's jurisprudence. Tanzania's legal framework is a pluralistic blend of received and indigenous sources.

1. English Common Law

As a former British protectorate (Tanganyika) and trust territory, Tanzania inherited English common law extensively.

• Mechanisms of Reception: Colonial courts applied English common law directly; the Judicature and Application of Laws Ordinance (1920) formally extended it.
• Key Areas Influenced: Contract, tort, property, criminal law, evidence, constitutional principles (rule of law, judicial review).
• Current Status: Still persuasive; Tanzanian courts cite English precedents (especially Court of Appeal, House of Lords/Supreme Court) where local precedent is lacking.

2. English Statute Law

Numerous British Acts of Parliament were applied to Tanganyika by order-in-council or local adoption.

• Key Received Statutes: Penal Code (Cap. 16), Civil Procedure Code (Cap. 33), Criminal Procedure Act, Land Ordinance (Cap. 113), Companies Act, Sale of Goods Act.
• Local Adaptation: Many have been amended or replaced by Tanzanian Acts (e.g., Law of Marriage Act 1971, Land Act 1999), but core structures remain.

3. Islamic Law (Sharia)

Applicable to Muslims in matters of personal status.

• Scope: Marriage, divorce, inheritance, succession, wakf (endowments), family relations.
• Legal Basis: Kadhis Courts Act (Cap. 12) establishes Kadhis' Courts for Muslim personal law.
• Limitations: Subject to Constitution (secular state); does not apply to non-Muslims; criminal law is secular.

4. Customary Law

Indigenous norms of Tanzania's 120+ ethnic groups.

• Regulated by: Customary Law (Declaration) Order (1963) and Local Customary Law (Declaration) Orders.
• Domain: Land tenure (customary land rights), marriage (bridewealth, polygamy), inheritance (patrilineal/matrilineal), dispute resolution (elders, village councils).
• Conditions: Must not conflict with written law, natural justice, or morality (Judicature and Application of Laws Act, s. 9).

5. Case Law (Judicial Precedent)

Decisions of superior courts form binding precedent.

• Hierarchy: Court of Appeal of Tanzania (highest) → High Court → Resident Magistrate Courts → District/Primary Courts.
• Stare Decisis: Lower courts bound by higher courts' rulings.
• Role: Interprets statutes, develops common law principles, adapts customary/Islamic law to modern contexts.

6. The Constitution (1977)

The supreme law; all received law must conform. Bill of Rights (1984 amendments) provides benchmark for validity.

Summary: Hierarchy of Sources

1. Constitution
2. Acts of Parliament (Tanzanian statutes)
3. Received English Statutes (as modified)
4. Case Law (Court of Appeal, High Court)
5. English Common Law (equity, precedent)
6. Islamic Law (personal status, Muslims only)
7. Customary Law (personal/land, subject to repugnancy test)

This pluralistic system reflects Tanzania's history and diversity, balancing imported legal structures with African customary norms under constitutional supremacy.