Cadi

See also: Cady

The cadis (Arab: قاض, judge ) is Juge S Moslems filling of the civil, legal and religious functions. The cadi is a Justice of the Peace and a notary, regulating the problems of daily life: marriages, divorces, repudiations, successions, heritages… In fact their jurisdiction extends to all the Moslems in the zone from their jurisdiction, on all the fields because the Islam claims to manage the whole of the practices and human beliefs. Their function was created under the dynasty of the Abbassides, to compensate for the Caliph which gave all the judgments until there.

The word “cadi” comes from a verb meaning “to judge, to decide”. It is at the origin of Spanish alcalde , in French mayor .

In accordance with the Moslem Right, they are based on the Ijma, consensus of the Ouléma S, to give their judgments. If the sentences delivered by Cadi seem nonin conformity with the right, one submits them with the Mufti which pronounces in last spring. The attacks of corruption and favoritism against the cadis are as old as the institution and are comparable with the attacks anticlericals of the 17th century in Europe.

In Turkey, the cadis are Magistrat S or Juge S, without the Turkish right not depending explicitly on the Moslem right (Turkey is a country Laïc). In other countries, the religious capacity more or less mixes with an executive power/legal laic , and in other, as in certain zones of the Nigeria, the capacity of the cadis is in conformity with that given during the creation of the institution.

The case of Mayotte

Mayotte is an old French colony, then TOM in process of integration in the French Republic, which still profits from specificities in its local right. However, these specificities related on the Common law and the Moslem Droit disappear little by little, after many tergiversations.

After the referendum of 2001, the personal status, statute of civil law which relates to primarily the rights of the person and the family, as well as the patrimonial rights is maintained. These rights relate to polygamy, the possibility of repudiation of the woman by the husband, the inequalities of the sexes as regards successional right, etc Cependant the new law gives the possibility to each one of giving up this statute the profit of the civil statute of common right French. The function of cadi remains important for Mahorais which is always primarily Moslem, the population as the cadis are ready to see this function strongly decreased in favor of the French civil law, so in against part they obtain a more close integration in the republic. The terms are the following:

“Articles 49 to 53 lay down the transfer of the litigations relating to the people having the civil statute of local right of the jurisdictions of cadis towards the jurisdiction of common right which will be supplemented assessors cadis. The cadis will choose consequently between the functions of assessors and mediators or conciliators whom article 52 recognizes to them. The methods of this reform will be specified by ordinances which are the subject of the enabling envisaged by article 55. ”

However, polygamy and unilateral repudiation were abolished for the people who reach the age of the marriage as from 2005

The litigations born of the application of the local right are competence of specific jurisdictions: the court of cadi (first degree), large the cadi (appelate jurisdiction), the Moslem Revocation Board (litigations higher than 305 €). The Préfet of Mayotte, whose mode is always similar to the Concordat, names large a cadi.

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