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Colonial Misconceptions on Ifa Jurisprudence: A Legal Perspective

Domain:

socioeconomic

Record type:

paper
Creator:
AdeAmo
Publisher:
Fac
Host:avatar
Abstract This paper examines Ifá jurisprudence within the broader framework of African legal tradition, focusing on how colonial interpretations misconstrued its philosophical and juridical essence. During the colonial era, European administrators and missionaries encountered indigenous African legal systems but often dismissed them as primitive or superstitious, thereby excluding them from formal legal recognition. Ifá, the Yoruba system of divinatory and moral adjudication, was one such institution misunderstood through a Eurocentric lens that equated spirituality with irrationality and law with positivism. Using a legal-historical and analytical perspective, the paper investigates how colonialism imposed foreign ideas of justice that distinguished between morality and the law, substituting punitive models from Western jurisprudence for Africa's restorative and communal values. The paper contends that Ifá jurisprudence includes rational legal reasoning, ethical balance, and social harmony features consistent with universal principles of justice by using secondary literature on customary law and textual analysis of Odu Ifá. The paper shows how colonial beliefs aided in the marginalisation of traditional legal thought and the degradation of indigenous epistemologies in contemporary African governments by placing Ifá within the framework of African legal philosophy. It ends by promoting a decolonised view of law, one that acknowledges the validity of Ifá jurisprudence and like systems as essential to Africa's legal history -and current legal evolution. 

Visit

doi.orgzenodo.org

Languages

Yoruba

Tags

African legal traditionColonialismDecolonisation Ifá jurisprudenceIndigenous law

Licenses

Creative Commons Attribution 4.0 Internationalhttps://creativecommons.org/licenses/by/4.0/legalcode

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