Kouroukan Fouga
Encyclopedia
The Kouroukan Fouga or Kurukan Fuga is purported to be the constitution
of the Mali Empire
(mid-thirteenth century to c. 1645), created after the Battle of Krina by an assembly of notables to create a government for the newly established empire. It was first alluded to in print in Djibril Tamsir Niane
's book, Soundjata, ou la Epoupée Mandingue
. Subsequently versions of it were published in Mandinka and translated by Youssouf Cissé into French in 1991, and finally, a version of compiled in 1998 by a group of traditional historians as well as modern linguists.
According to these texts, the Kouroukan Fouga established the federation of Mandinka
clans under one government
, outlined how it would operate and established the laws by which the people would live. Mansa (Emperor) Sundiata Keita
presented the document at a plain near the town of Ka-ba (present day Kangaba
), and it has survived through oral tradition passed down by generations of djeli or griots. The djeli have preserved much of the history of the Mali Empire including its kings, battles and system of government.
, Guinea
to publish and preserve the oral history related to the area's djeli or griots. Assisted by modern communicators and Guinea linguists under the supervision of Siriman Kouyaté, the leading traditionalists authority from Niagasole in Guinea, transcribed and translated the laws and edicts preserved in different regions from the core of the Mali Empire. Kouyaté then organized the recorded edicts, making sure not alter their original translation.
The Kouroukan Fouga, as published by Kouyaté, contains 44 edicts. They are divided into four sections concerned with Social Organization (edicts 1-30), Property Rights (edicts 31-36), Environmental Protection (edicts 37-39) and Personal Responsibilities (edicts 40-44).
For those who accept that the present version of the Kouroukan Fouga represents the original charter, the Mali Imperial constitution is regarded as a landmark achievement in the history of Africa
and the world for several reasons. As far as global significance, the document is one of the earliest declarations of human rights. Its importance to Africa is demonstrated in three main achievements. First, it established uniform laws and regulations over a significant portion of West Africa
(equal to the size of Western Europe
) for the first time in recorded history. Second, it afforded uniform rights for all citizens including women and slaves, unheard of in many parts of the world. Third, it is uniquely African in that it does not directly borrow from any existing law documents as opposed to the Ethiopian
Fetha Negest
. The prominence of the Mandinka in West Africa allowed the ideas and values within the Kouroukan Fouga to spread far beyond the borders of the Mali Empire. Many peoples related to the Mande still abide by its traditions.
. There were 4 nyamakala clans (people of caste
) who had the monopoly on certain trades, which included but was not limited to smelting
, woodworking
, and tanners
. Lastly, there were 4 clans of djeli (masters of speech) who recorded the history of the empire through song. Combined these would make up the 29 seat Gbara at the plain of Kouroukan Fougan (named after the event where Sundiata "divided the world"). The 30th seat was likely occupied by the mansa's djeli called the belen-tigui (master of ceremonies), or may have been reserved for a female monitor since the constitution states women are to be represented at all levels of government (edict 16).
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
of the Mali Empire
Mali Empire
The Mali Empire or Mandingo Empire or Manden Kurufa was a West African empire of the Mandinka from c. 1230 to c. 1600. The empire was founded by Sundiata Keita and became renowned for the wealth of its rulers, especially Mansa Musa I...
(mid-thirteenth century to c. 1645), created after the Battle of Krina by an assembly of notables to create a government for the newly established empire. It was first alluded to in print in Djibril Tamsir Niane
Djibril Tamsir Niane
Djibril Tamsir Niane is a historian, playwright, and short story writer, born in Conakry, Guinea. His secondary education was in Senegal and his degree from the University of Bordeaux. He is an honorary professor of Howard University and the University of Tokyo...
's book, Soundjata, ou la Epoupée Mandingue
Epic of Sundiata
The Sundiata Keita or Epic of Sundiata is an epic poem of the Malinke people and tells the story of the hero Sundiata Keita, the founder of the Mali Empire...
. Subsequently versions of it were published in Mandinka and translated by Youssouf Cissé into French in 1991, and finally, a version of compiled in 1998 by a group of traditional historians as well as modern linguists.
According to these texts, the Kouroukan Fouga established the federation of Mandinka
Mandinka people
The Mandinka, Malinke are one of the largest ethnic groups in West Africa with an estimated population of eleven million ....
clans under one government
Government
Government refers to the legislators, administrators, and arbitrators in the administrative bureaucracy who control a state at a given time, and to the system of government by which they are organized...
, outlined how it would operate and established the laws by which the people would live. Mansa (Emperor) Sundiata Keita
Sundiata Keita
Sundiata Keita, Sundjata Keyita, Mari Djata I or just Sundiata was the founder of the Mali Empire and celebrated as a hero of the Malinke people of West Africa in the semi-historical Epic of Sundiata....
presented the document at a plain near the town of Ka-ba (present day Kangaba
Kangaba
Kangaba is a town and commune and seat of the Cercle of Kangaba in the Koulikoro Region of south-western Mali.The area was once the Kangaba Province under the Mali Empire....
), and it has survived through oral tradition passed down by generations of djeli or griots. The djeli have preserved much of the history of the Mali Empire including its kings, battles and system of government.
Rediscovery and publication
Although texts of the Kouroukan Fouga were published earlier, notably by Cissé, they were normally based on the testimony of a single informant. In order to create a more comprehensive text, in 1998, a regional workshop was held in KankanKankan
Kankan is the largest city in Guinea in land area, and the third largest in population at 207,790 . The city is located on the Milo River in eastern Guinea and lying about 345 miles east of Conakry....
, Guinea
Guinea
Guinea , officially the Republic of Guinea , is a country in West Africa. Formerly known as French Guinea , it is today sometimes called Guinea-Conakry to distinguish it from its neighbour Guinea-Bissau. Guinea is divided into eight administrative regions and subdivided into thirty-three prefectures...
to publish and preserve the oral history related to the area's djeli or griots. Assisted by modern communicators and Guinea linguists under the supervision of Siriman Kouyaté, the leading traditionalists authority from Niagasole in Guinea, transcribed and translated the laws and edicts preserved in different regions from the core of the Mali Empire. Kouyaté then organized the recorded edicts, making sure not alter their original translation.
The Kouroukan Fouga, as published by Kouyaté, contains 44 edicts. They are divided into four sections concerned with Social Organization (edicts 1-30), Property Rights (edicts 31-36), Environmental Protection (edicts 37-39) and Personal Responsibilities (edicts 40-44).
Historic and cultural importance
Although it is purported to be a faithful reproduction of a charter created in the fourteenth century, some modern-day agents have sought to cast doubt on this achievement, opining instead that the Kouroukan Fouga must be strictly a modern oral tradition. Niane, Cissé, and others from the generation of scholars in the 1960s firmly believed that the Mandinka jelis were capable of recalling ancient texts and facts for great lengths of time without alteration. More recent scholars, however, have questioned how much of this and other oral traditions about ancient Mali can contain, and how many accretions or alterations have slipped in. While there is not a consensus on the matter, the degree to which the modern text can be said to be an unaltered text of the original charter, if indeed there were one at that time, has to be considered controversial.For those who accept that the present version of the Kouroukan Fouga represents the original charter, the Mali Imperial constitution is regarded as a landmark achievement in the history of Africa
Africa
Africa is the world's second largest and second most populous continent, after Asia. At about 30.2 million km² including adjacent islands, it covers 6% of the Earth's total surface area and 20.4% of the total land area...
and the world for several reasons. As far as global significance, the document is one of the earliest declarations of human rights. Its importance to Africa is demonstrated in three main achievements. First, it established uniform laws and regulations over a significant portion of West Africa
West Africa
West Africa or Western Africa is the westernmost region of the African continent. Geopolitically, the UN definition of Western Africa includes the following 16 countries and an area of approximately 5 million square km:-Flags of West Africa:...
(equal to the size of Western Europe
Western Europe
Western Europe is a loose term for the collection of countries in the western most region of the European continents, though this definition is context-dependent and carries cultural and political connotations. One definition describes Western Europe as a geographic entity—the region lying in the...
) for the first time in recorded history. Second, it afforded uniform rights for all citizens including women and slaves, unheard of in many parts of the world. Third, it is uniquely African in that it does not directly borrow from any existing law documents as opposed to the Ethiopian
Ethiopia
Ethiopia , officially known as the Federal Democratic Republic of Ethiopia, is a country located in the Horn of Africa. It is the second-most populous nation in Africa, with over 82 million inhabitants, and the tenth-largest by area, occupying 1,100,000 km2...
Fetha Negest
Fetha Negest
The Fetha Negest is a legal code compiled around 1240 by the Coptic Egyptian Christian writer, 'Abul Fada'il Ibn al-'Assal, in Arabic that was later translated into Ge'ez in Ethiopia and expanded upon with numerous local laws...
. The prominence of the Mandinka in West Africa allowed the ideas and values within the Kouroukan Fouga to spread far beyond the borders of the Mali Empire. Many peoples related to the Mande still abide by its traditions.
Contents
The Kouroukan Fouga divided the new empire into ruling clans (lineages) that were represented at a great assembly called the Gbara. There were 16 clans known as the Djon-Tan-Nor-Woro (quiver carriers) responsible for leading and defending the empire. There were also 4 clans known as the Mori-Kanda-Lolou (guardians of the faith) that guided the ruling clans in matters of Islamic lawSharia
Sharia law, is the moral code and religious law of Islam. Sharia is derived from two primary sources of Islamic law: the precepts set forth in the Quran, and the example set by the Islamic prophet Muhammad in the Sunnah. Fiqh jurisprudence interprets and extends the application of sharia to...
. There were 4 nyamakala clans (people of caste
Caste
Caste is an elaborate and complex social system that combines elements of endogamy, occupation, culture, social class, tribal affiliation and political power. It should not be confused with race or social class, e.g. members of different castes in one society may belong to the same race, as in India...
) who had the monopoly on certain trades, which included but was not limited to smelting
Smelting
Smelting is a form of extractive metallurgy; its main use is to produce a metal from its ore. This includes iron extraction from iron ore, and copper extraction and other base metals from their ores...
, woodworking
Woodworking
Woodworking is the process of building, making or carving something using wood.-History:Along with stone, mud, and animal parts, wood was one of the first materials worked by early humans. Microwear analysis of the Mousterian stone tools used by the Neanderthals show that many were used to work wood...
, and tanners
Tanning
Tanning is the making of leather from the skins of animals which does not easily decompose. Traditionally, tanning used tannin, an acidic chemical compound from which the tanning process draws its name . Coloring may occur during tanning...
. Lastly, there were 4 clans of djeli (masters of speech) who recorded the history of the empire through song. Combined these would make up the 29 seat Gbara at the plain of Kouroukan Fougan (named after the event where Sundiata "divided the world"). The 30th seat was likely occupied by the mansa's djeli called the belen-tigui (master of ceremonies), or may have been reserved for a female monitor since the constitution states women are to be represented at all levels of government (edict 16).
Social Organization
- Article 1: The Great Mande Society is divided into sixteen clans of quiver carriers, five clans of marabouts, four groups of "nyamakalas" and one group of slaves. Each one has a specific activity and role.
- Article 2: The "nyamakalas" must devote themselves to tell the truth to the chiefs, to be their counsellors and to defend by the speech the established rulers and the order upon the whole territory.
- Article 3: The five clans of marabouts are our teachers and our educators in Islam. Everyone has to hold them in respect and consideration.
- Article 4: The society is divided into age groups. Those born during a period of three years in succession belong to the same age-group. The members of the intermediary class between young and old people, should be invited to take part in the making of important decisions concerning the society.
- Article 5: Everybody has a right to life and to the preservation of physical integrity. Accordingly, any attempt to deprive one's fellow being of life is punished with death.
- Article 6: To win the battle of prosperity, the general system of supervision has been established to fight against laziness and idleness.
- Article 7: The sanankunya (joking relationship) and the tanamannyonya (blood pact) have been established among the Mandenkas. Consequently any contention that occurs among these groups should not degenerate the respect for one another being the rule. Between brothers-in-law and sisters-in-law, between grandparents and grandchildren, tolerance should be the principle.
- Article 8: The Keïta family is nominated reigning family upon the empire.
- Article 9: Children's education behooves the entire society. The paternal authority in consequence falls to everyone.
- Article 10: We should offer condolences mutually.
- Article 11: When your wife or your child runs away, stop running after them in the neighbour's house.
- Article 12: The succession being patrilinear, never relinquish power to a son when one of his father's brothers is still alive. Never relinquish power to a minor just because he has goods.
- Article 13: Never offend the Nyaras (the talented).
- Article 14: Never offend women, our mothers.
- Article 15: Never beat a married woman before her husband has tried to correct the problem.
- Article 16: Women, apart from their everyday occupations, should be associated with all our managements.
- Article 17: Lies that have lived for 40 years should be considered like truths.
- Article 18: We should respect the law of primogeniture.
- Article 19: Any man has two parents-in-law: the parents of the girl we failed to have and the speech we deliver without any constraint. We have to hold them in respect and consideration.
- Article 20: Do not ill treat the slaves. We are the master of the slave but not the bag he carries.
- Article 21: Do not follow up with your constant attentions the wives of the chief, of the neighbour, of the marabout, of the priest, of the friend and of the partner.
- Article 22: Vanity is the sign of weakness and humility the sign of greatness.
- Article 23: Never betray one another. Respect your word of honour.
- Article 24: In Manden, do not maltreat the foreigners.
- Article 25: The ambassador does not risk anything in Manden.
- Article 26: The bull confided to your care should not lead the cattle-pen.
- Article 27: A girl can be given in marriage as soon as she is pubescent without age determination.
- Article 28: A young man can marry at age 20.
- Article 29: The dowry is fixed at 3 cows: one for the girl, two for the father and mother.
- Article 30: In Mande, divorce is tolerated for one of the following reasons: the impotence of the husband, the madness of one of the spouses, the husband's incapability of assuming the obligations due to the marriage. The divorce should occur out of the village. (The French version published in 1998 does not include this article, but splits article 34 into two, numbering the intervening articles differently).
- Article 31: We should help those who are in need.
Of Goods
- Article 32: There are five ways to acquire property: buying, donation, exchange, work and inheriting. Any other form without convincing testimony is doubtful.
- Article 33: Any object found without a known owner becomes common property only after four years.
- Article 34: The fourth heifer born is the property of the guardian of the heifer. One egg out of four is the property of the guardian of the laying hen.
- Article 35: One bovine should be exchanged for four sheep or four goats.
- Article 36: To satisfy one's hunger is not robbery if you don't take away anything in your bag or your pocket.
Preservation of Nature
- Article 37: Fakombè is nominated chief of hunters.
- Article 38: Before setting fire to the bush, don't look down at the ground, raise your head in the direction of the top of the trees to see whether they bear fruits or flowers.
- Article 39: Domestic animals should be tied during cultivation and freed after the harvest. The dog, the cat, the duck and the poultry are not bound by the measure.
Final Disposals
- Article 40: Respect kinship, marriage and the neighbourhood.
- Article 41: You can kill the enemy, but not humiliate him.
- Article 42: In big assemblies, be satisfied with your lawful representatives.
- Article 43: Balla Fassèkè Kouyaté is nominated chief of ceremonies and main mediator in Manden. He is allowed to joke with all groups, in priority with the royal family.
- Article 44: All those who will transgress these rules will be punished. Everyone is bound to make effective their implementation.