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Volumn 34, Issue 2, 2008, Pages 269-291

Customary land tenure, inheritance rules, and smallholder farmers in Malawi

Author keywords

[No Author keywords available]

Indexed keywords

AGRARIAN CHANGE; AGRICULTURAL LAND; LAND MARKET; LAND TENURE; LANDHOLDING; SMALLHOLDER;

EID: 46649115897     PISSN: 03057070     EISSN: 14653893     Source Type: Journal    
DOI: 10.1080/03057070802037969     Document Type: Article
Times cited : (43)

References (58)
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    • London, Athlone Press, This critique has also been made in ethnographic terms by Englund in the study of contemporary Malawi
    • E.R. Leach, Rethinking Anthropology (London, Athlone Press, 1961). This critique has also been made in ethnographic terms by Englund in the study of contemporary Malawi.
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    • The Invention of Tradition in Colonial Africa
    • See also, E. Hobsbawm and T. Ranger eds, Cambridge, Cambridge University Press
    • See also T. Ranger, 'The Invention of Tradition in Colonial Africa', in E. Hobsbawm and T. Ranger (eds), The Invention of Tradition (Cambridge, Cambridge University Press, 1983), pp. 211-262.
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  • 8
    • 0009817609 scopus 로고    scopus 로고
    • Changing Traditions to Meet Current Altering Conditions: Customary Law, African Courts and the Rejection of Codification in Kenya, 1930-60
    • B.L. Shadle, '"Changing Traditions to Meet Current Altering Conditions": Customary Law, African Courts and the Rejection of Codification in Kenya, 1930-60', Journal of African History, 40 (1999), pp. 411-431.
    • (1999) Journal of African History , vol.40 , pp. 411-431
    • Shadle, B.L.1
  • 9
    • 0000422406 scopus 로고
    • Customary Land, the State and Agrarian Change in Malawi: The Case of the Chewa Peasantry in the Lilongwe Rural Development Project
    • R.M. Mkandawire, 'Customary Land, the State and Agrarian Change in Malawi: The Case of the Chewa Peasantry in the Lilongwe Rural Development Project', Journal of Contemporary African Studies, 3, 1/2 (1984), pp. 109-128;
    • (1984) Journal of Contemporary African Studies , vol.3 , Issue.1-2 , pp. 109-128
    • Mkandawire, R.M.1
  • 10
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    • Against the Odds: Matriliny, Land and Gender in the Shire Highlands of Malawi
    • P.E. Peters 'Against the Odds: Matriliny, Land and Gender in the Shire Highlands of Malawi', Critique of Anthropology, 17, 2 (1997), pp. 7-26;
    • (1997) Critique of Anthropology , vol.17 , Issue.2 , pp. 7-26
    • Peters, P.E.1
  • 11
    • 0035736097 scopus 로고    scopus 로고
    • Bewitching Land: The Role of Land Disputes in Converting Kin to Strangers and in Class Formation in Malawi
    • P.E. Peters, 'Bewitching Land: The Role of Land Disputes in Converting Kin to Strangers and in Class Formation in Malawi', Journal of Southern African Studies, 28, 1 (2002), pp. 155-178;
    • (2002) Journal of Southern African Studies , vol.28 , Issue.1 , pp. 155-178
    • Peters, P.E.1
  • 12
    • 34547150616 scopus 로고    scopus 로고
    • Whose Security? Deepening Social Conflict Over "Customary" Land in the Shadow of Land Tenure Reform in Malawi
    • P.E. Peters, 'Whose Security? Deepening Social Conflict Over "Customary" Land in the Shadow of Land Tenure Reform in Malawi', Journal of Modern African Studies, 45, 3 (2007), pp. 447-472;
    • (2007) Journal of Modern African Studies , vol.45 , Issue.3 , pp. 447-472
    • Peters, P.E.1
  • 13
    • 46649083638 scopus 로고    scopus 로고
    • Land Tenure: The Case of the Salima District, Central Malawi
    • P. Kishindo, 'Land Tenure: The Case of the Salima District, Central Malawi', Malawi Journal of Social Science, 16 (1997), pp. 57-67;
    • (1997) Malawi Journal of Social Science , vol.16 , pp. 57-67
    • Kishindo, P.1
  • 14
    • 46649121259 scopus 로고    scopus 로고
    • Dynamics of Land Tenure: A Village Case Study
    • T. Takane ed, Chiba, Institute of Developing Economies, available at, retrieved on 7 September 2007
    • P. Kishindo, 'Dynamics of Land Tenure: A Village Case Study', in T. Takane (ed.), Current Issues of Rural Development in Malawi (Chiba, Institute of Developing Economies, 2006), pp. 1-22, available at http://www.ide.go.jp/English/Publish/Ars/pdf/12p̌1.pdf, retrieved on 7 September 2007.
    • (2006) Current Issues of Rural Development in Malawi , pp. 1-22
    • Kishindo, P.1
  • 16
    • 3142736602 scopus 로고    scopus 로고
    • Inequality and Social Conflict Over Land in Africa
    • P.E. Peters, 'Inequality and Social Conflict Over Land in Africa', Journal of Agrarian Change, 4, 3 (2004), pp. 269-314.
    • (2004) Journal of Agrarian Change , vol.4 , Issue.3 , pp. 269-314
    • Peters, P.E.1
  • 19
    • 33744500786 scopus 로고    scopus 로고
    • Customary vs Private Property Rights? Dynamics and Trajectories of Vernacular Land Markets in Sub-Saharan Africa
    • A. Chimhowu and P. Woodhouse, 'Customary vs Private Property Rights? Dynamics and Trajectories of Vernacular Land Markets in Sub-Saharan Africa', Journal of Agrarian Change, 6, 3 (2006), pp. 346-371.
    • (2006) Journal of Agrarian Change , vol.6 , Issue.3 , pp. 346-371
    • Chimhowu, A.1    Woodhouse, P.2
  • 20
    • 46649085052 scopus 로고    scopus 로고
    • Chimhowu and Woodhouse, 'Customary vs Private Property Rights', pp. 359-60.
    • Chimhowu and Woodhouse, 'Customary vs Private Property Rights', pp. 359-60.
  • 21
    • 84971743937 scopus 로고    scopus 로고
    • A household is defined here as a unit of co-residence and agricultural production. In most cases, it is also a unit of consumption. However, members of poor households that exhausted their maize stocks in the hungry season ate at relatives' households. Vaughan provides useful discussion on the problem of the unit of analysis in the context of rural Malawi. See M. Vaughan, 'Which Family?: Problems in the Reconstruction of the History of the Family as an Economic and Cultural Unit', Journal of African History, 24, 2 (1983), pp. 275-83;
    • A household is defined here as a unit of co-residence and agricultural production. In most cases, it is also a unit of consumption. However, members of poor households that exhausted their maize stocks in the hungry season ate at relatives' households. Vaughan provides useful discussion on the problem of the unit of analysis in the context of rural Malawi. See M. Vaughan, 'Which Family?: Problems in the Reconstruction of the History of the Family as an Economic and Cultural Unit', Journal of African History, 24, 2 (1983), pp. 275-83;
  • 23
    • 46649110368 scopus 로고    scopus 로고
    • IDE Discussion Paper No. 117 Chiba, Institute of Developing Economies, available at, retrieved on 7 September 2007
    • T. Takane, 'Gambling with Liberalization: Smallholder Livelihoods in Contemporary Rural Malawi', IDE Discussion Paper No. 117 (Chiba, Institute of Developing Economies, 2007), available at, http://www.ide.go.jp/English/Publish/Dp/Abstract/117.html., retrieved on 7 September 2007.
    • (2007) Gambling with Liberalization: Smallholder Livelihoods in Contemporary Rural Malawi
    • Takane, T.1
  • 24
    • 3142752916 scopus 로고    scopus 로고
    • Customary Land Tenure and the New Land Policy in Malawi
    • P. Kishindo, 'Customary Land Tenure and the New Land Policy in Malawi', Journal of Contemporary African Studies, 22, 2 (2004), pp. 213-25.
    • (2004) Journal of Contemporary African Studies , vol.22 , Issue.2 , pp. 213-225
    • Kishindo, P.1
  • 25
    • 46649113159 scopus 로고    scopus 로고
    • Government of Malawi, Lilongwe, Ministry of Lands and Housing
    • Government of Malawi, Malawi National Land Policy (Lilongwe, Ministry of Lands and Housing, 2001).
    • (2001) Malawi National Land Policy
  • 26
    • 46649083849 scopus 로고    scopus 로고
    • Government of Malawi, Final Report of the Presidential Commission of Inquiry on Land Policy Reform, 1, Main Report (Lilongwe, 1999), p. 63.
    • Government of Malawi, Final Report of the Presidential Commission of Inquiry on Land Policy Reform, Volume 1, Main Report (Lilongwe, 1999), p. 63.
  • 27
    • 46649102283 scopus 로고    scopus 로고
    • In this article, gifting refers to cases where a person obtains land from a relative while the relative is still alive. Inheritance refers to cases where someone obtains land after the death of the original landholder
    • In this article, gifting refers to cases where a person obtains land from a relative while the relative is still alive. Inheritance refers to cases where someone obtains land after the death of the original landholder.
  • 28
    • 0029504837 scopus 로고
    • Differential Security of Tenure on Malawi's Customary Land: Implications for Investment'
    • P. Kishindo, 'Differential Security of Tenure on Malawi's Customary Land: Implications for Investment', Development Southern Africa, 12, 2 (1995), pp. 167-74;
    • (1995) Development Southern Africa , vol.12 , Issue.2 , pp. 167-174
    • Kishindo, P.1
  • 30
    • 46649087162 scopus 로고    scopus 로고
    • Mkandawire, Customary Land
    • Peters, 'Bewitching Land'; Mkandawire, 'Customary Land'.
    • Bewitching Land
    • Peters1
  • 31
  • 33
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    • Some Changes in the Matrilineal Family System Among the Chewa of Malawi Since the Nineteenth Century
    • K.M. Phiri, 'Some Changes in the Matrilineal Family System Among the Chewa of Malawi Since the Nineteenth Century', Journal of African History, 24, 2 (1983), p. 258.
    • (1983) Journal of African History , vol.24 , Issue.2 , pp. 258
    • Phiri, K.M.1
  • 34
    • 46649113773 scopus 로고    scopus 로고
    • See Vaughan
    • Vaughan also points out the lack of fit between socioeconomic realities and people's public expression of their culture in rural Malawi
    • Vaughan also points out the lack of fit between socioeconomic realities and people's public expression of their culture in rural Malawi. See Vaughan, 'Which Family?'.
    • Which Family
  • 35
    • 0040007504 scopus 로고    scopus 로고
    • Through Ngoni Eyes: Margaret Read's Matrilineal Interpretations from Nyasaland'
    • C. Brantley, 'Through Ngoni Eyes: Margaret Read's Matrilineal Interpretations from Nyasaland', Critique of Anthropology, 17, 2 (1997), pp. 147-69;
    • (1997) Critique of Anthropology , vol.17 , Issue.2 , pp. 147-169
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    • Household and Community in African Studies
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  • 37
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    • Some of the original settlers, including the senior brother who later became village headman, were still alive at the time of the survey
    • Some of the original settlers, including the senior brother who later became village headman, were still alive at the time of the survey.
  • 40
    • 46649103674 scopus 로고    scopus 로고
    • Inheritance of land from father to children was also reported by Mkandawire in the Lilongwe Rural Development Project and by Englund in the Dedza District
    • Inheritance of land from father to children was also reported by Mkandawire in the Lilongwe Rural Development Project and by Englund in the Dedza District.
  • 42
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    • H. Englund, 'Waiting for the Portuguese: Nostalgia, Exploitation and the Meaning of Land in the Malawi-Mozambique Borderland', Journal of Contemporary African Studies, 14, 2 (1996), pp. 157-72;
    • (1996) Journal of Contemporary African Studies , vol.14 , Issue.2 , pp. 157-172
    • Englund, H.1
  • 43
    • 0039726515 scopus 로고    scopus 로고
    • The Self in Self-Interest: Land, Labour and Temporalities in Malawi's Agrarian Change'
    • H. Englund, 'The Self in Self-Interest: Land, Labour and Temporalities in Malawi's Agrarian Change', Africa, 69, 1 (1999), pp. 139-59.
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  • 44
    • 46649084233 scopus 로고    scopus 로고
    • In the four cases, the average landholding size of the husband was 0.897 hectares, while that of the wife was 0.354 hectares
    • In the four cases, the average landholding size of the husband was 0.897 hectares, while that of the wife was 0.354 hectares.
  • 45
    • 46649119532 scopus 로고    scopus 로고
    • There were two cases in which the villagers obtained land rights through the village headman's allocation. In both cases, land had been allocated a long time ago, in 1987 and 1949.
    • There were two cases in which the villagers obtained land rights through the village headman's allocation. In both cases, land had been allocated a long time ago, in 1987 and 1949.
  • 46
    • 46649092340 scopus 로고    scopus 로고
    • Until the mid-nineteenth century, the Tumbuka followed matrilineal inheritance and uxorilocal residence. However, after being conquered by the patrilineal Ngoni around 1855, the Tumbuka gradually adopted Ngonipatterned patrilineality, virilocal residence, and bridewealth payments. See L. Vail and L. White, 'Tribalism in the Political History of Malawi', in L. Vail (ed.), The Creation of Tribalism in Southern Africa (London, James Currey, 1989), pp. 151-92.
    • Until the mid-nineteenth century, the Tumbuka followed matrilineal inheritance and uxorilocal residence. However, after being conquered by the patrilineal Ngoni around 1855, the Tumbuka gradually adopted Ngonipatterned patrilineality, virilocal residence, and bridewealth payments. See L. Vail and L. White, 'Tribalism in the Political History of Malawi', in L. Vail (ed.), The Creation of Tribalism in Southern Africa (London, James Currey, 1989), pp. 151-92.
  • 47
    • 46649108962 scopus 로고    scopus 로고
    • In six of the cases, land was obtained by women. These cases will be examined later
    • In six of the cases, land was obtained by women. These cases will be examined later.
  • 48
    • 46649103886 scopus 로고    scopus 로고
    • Case 4 was not a sample household and therefore not counted in Table 1
    • Case 4 was not a sample household and therefore not counted in Table 1.
  • 49
    • 46649106738 scopus 로고    scopus 로고
    • This echoes the observation made by Moore and Vaughan in northern Zambia that rights regarding land are 'historically determined, often being bound up with the biography of particular individuals, H.L. Moore and M. Vaughan, Cutting Down Trees: Gender, Nutrition, and Agricultural Change in the Northern Province of Zambia, 1890-1990 Portsmouth, NC, Heinemann, 1994, p. 210
    • This echoes the observation made by Moore and Vaughan in northern Zambia that rights regarding land are 'historically determined, often being bound up with the biography of particular individuals'. H.L. Moore and M. Vaughan, Cutting Down Trees: Gender, Nutrition, and Agricultural Change in the Northern Province of Zambia, 1890-1990 (Portsmouth, NC, Heinemann, 1994), p. 210.
  • 51
    • 33746462746 scopus 로고    scopus 로고
    • Rural Mobility as a Response to Land Shortages: The Case of Malawi
    • D. Potts, 'Rural Mobility as a Response to Land Shortages: The Case of Malawi', Population, Space and Place, 12 (2006), pp. 291-311.
    • (2006) Population, Space and Place , vol.12 , pp. 291-311
    • Potts, D.1
  • 52
    • 46649119739 scopus 로고    scopus 로고
    • A 1/50,000 scale map, produced by the Department of Surveys based on aerial photography done in 1970, showed nothing but 'orchard bush' and no settlement in the area today covered by Belo.
    • A 1/50,000 scale map, produced by the Department of Surveys based on aerial photography done in 1970, showed nothing but 'orchard bush' and no settlement in the area today covered by Belo.
  • 53
    • 46649085467 scopus 로고    scopus 로고
    • The only exception was the original settler of Kachamba, who purchased land from the local chief in 1953.
    • The only exception was the original settler of Kachamba, who purchased land from the local chief in 1953.
  • 54
    • 46649088783 scopus 로고    scopus 로고
    • Chimhowu and Woodhouse, 'Customary vs Private Property Rights', pp. 357-58.
    • Chimhowu and Woodhouse, 'Customary vs Private Property Rights', pp. 357-58.
  • 55
    • 46649092764 scopus 로고    scopus 로고
    • The case of the original settler in Kachamba who purchased land in 1953 is excluded here.
    • The case of the original settler in Kachamba who purchased land in 1953 is excluded here.
  • 56
    • 46649100924 scopus 로고    scopus 로고
    • Income quartiles were obtained by ranking all sample households in each village studied according to income per adult equivalent unit and dividing them into four equal groups. For the income disparities among the sample households, see Takane, Gambling with Liberalization
    • Income quartiles were obtained by ranking all sample households in each village studied according to income per adult equivalent unit and dividing them into four equal groups. For the income disparities among the sample households, see Takane, 'Gambling with Liberalization'.
  • 58
    • 46649096450 scopus 로고    scopus 로고
    • Chimhowu and Woodhouse, 'Customary vs Private Property Rights'.
    • Chimhowu and Woodhouse, 'Customary vs Private Property Rights'.


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