Abstract:
Colonial judges and jurists interpreted matrilineal customs in
terms of a theory of matrilineal law, which they shaped in the process of
interpretation, rather than on the basis of existing practices. This paper
analyses critically the process of interpretation of customs or what is
referred to as the legal discourse on matriliny, from the standpoint of its
own assumptions, i.e., the ideas and theory that shaped and governed it.
It is argued that a theory of matrilineal law, informed by mid nineteenth
century anthropological and comparative legal perspectives, gendered
the detail of matrilineal law, emphasising rigidly older male control
over property and excluding women, virtually, from all functions of
authority. The legal discourse on matriliny then despite or precisely
because of the implicit connection between women and matriliny, was
not so much about matriliny or women but about what comprised
‘authentic’ custom.
