The Role of Sharia in Mauritanian Jurisprudence

Mauritania, officially known as the Islamic Republic of Mauritania, is a country in Northwest Africa bordered by the Atlantic Ocean to the west, Western Sahara to the north, Algeria to the northeast, Mali to the east and southeast, and Senegal to the southwest. The capital and largest city is Nouakchott, located on the Atlantic coast. Mauritania is characterized by its vast desert landscapes, diverse ethnic groups, and a rich history that interweaves Arab and African influences.

**Sharia Law in Mauritania**

Sharia, or Islamic law, plays a central role in the Mauritanian legal system. Mauritania was declared an Islamic Republic upon its independence from France in 1960, and Sharia has since been the foundational framework for its laws, especially in personal and family matters. The nation’s constitution explicitly identifies Islam as the religion of the state, and Sharia principles are overseen and implemented by religious scholars and judicial authorities.

**Judicial Structure and Application**

Mauritania’s judicial system is a blend of both French civil law and Islamic law, reflecting the country’s colonial past and its Islamic heritage. The Mauritanian legal system is divided into several levels, with the Supreme Court at the apex, followed by appeals courts, and lower courts that handle local matters.

The influence of Sharia is most profoundly felt in matters such as marriage, divorce, inheritance, and criminal justice. For instance, family courts handle cases related to marriage and divorce, and they strictly adhere to Maliki jurisprudence, one of the four major Sunni schools of Islamic thought. In terms of criminal justice, offenses such as theft, apostasy, and adultery may be subject to Sharia-prescribed punishments, although the application varies and can be controversial.

**Economic Implications of Sharia**

Sharia has a significant impact on the financial and business sectors of Mauritania. The principles of Islamic finance prohibit interest (riba) and emphasize risk-sharing and ethical investment. This means that traditional banking systems often work alongside Sharia-compliant financial institutions. Islamic banking is growing in Mauritania, attracting both local and international investors who are looking to conduct business in accordance with Islamic principles.

**Businesses and Economic Landscape**

Mauritania’s economy is largely driven by natural resources, including iron ore, gold, and copper. The country’s maritime resources, particularly fisheries, also contribute significantly to its GDP. Agriculture is another key sector, though it is often hampered by harsh climatic conditions.

In recent years, the government has been seeking to diversify the economy by investing in sectors like oil and gas, as well as renewable energy projects. Efforts to modernize infrastructure and improve the business environment have been ongoing, with mixed results due to challenges such as political instability and bureaucratic inefficiencies.

**Conclusion**

Sharia plays a fundamental role in shaping the legal and social fabric of Mauritanian society. From family law to financial transactions, Islamic principles guide the daily lives of its citizens and influence the country’s economic and judicial practices. While Mauritania continues to face various socio-economic challenges, the adherence to Sharia remains a cornerstone of its national identity, providing both a source of stability and a framework for future development.

Suggested Related Links about The Role of Sharia in Mauritanian Jurisprudence:

Encyclopedia Britannica

Al Jazeera

Human Rights Watch

United Nations

World Bank

Council on Foreign Relations

Amnesty International

BBC

International Monetary Fund

African Union