As a result of my fathers objection, i turned to teaching islamic law at the university of sokoto in nigeria. The sharia question has divided nigeria as no other has since the civil war 30 years ago, and provided one of the biggest challenges to president obasanjos leadership. Before 2000, the scope of sharia law in nigeria was limited to civil cases. The current crisis began when zamfara state, a state in nigeria, enacted the sharia h courts administration of justice and certain consequential changes law of 1999, which became operative in january 2000. The sharia, is essentially a believers law in the sense that it is primarily binding on those who believe in it. As a legal system, the sharia law is exceptionally broad. Reflections on the new sharia law in nigeria council on foreign. At the end of the colonial phase, the application of. Sharia, family, and democracy in nigeria and beyond 082820. Boko haram vows to fight until nigeria establishes sharia law. Sharia implementation in northern nigeria 19992006. The development and application of sharia in northern nigeria. Oct 15, 2014 the sharia court of appeal was first established under the sharia court of appeal law, chap 122, laws of northern nigeria, 1963.
Sharia, canon law and the common law tradition cannot be reconciled, and there is little hope is for any confederation, however loose, if even the basic framework of the law cannot be agreed upon. At the outset i emphasize that sani did not introduce anything really new. Professor of islamic law and muslim constitutionalism and human rights. But overall the implementation of the sharia law is meant to create a. Sharia law in 12 northern states criminalises samesex intimacy between both men and women. He is corapporteur international law association ila committee on islamic law and international law and director, brunel university research centre, security, human rights and media shrm. The task they were assigned was not to understand the operation of islamic law in northern nigeria, but rather to help devise a plan to integrate the regions muslim.
Under this law, the application of shariah law in zamfara state was extended. Since 2000, twelve states in northern nigeria have added criminal law to the jurisdiction of shari a islamic law courts. There shall be for any state that requires it a sharia court of appeal for that state. Click download or read online button to get sharia law reports of nigeria book now. One such safety net is the provision in the sharia criminal codes that stipulates that no judgments on offenses falling under hudud and qisas can be executed unless and until the state governor expressly consents. Sharia law is a near total corruption of the laws of god and the creation. There are four distinct legal systems in nigeria, which include english law, common law, customary law, and sharia law. Many details of the incorporation of sharia in the laws of nigeria are discussed, including the sharia courts and the sharia penal and criminal procedure codes now in place in the sharia states, the continuing application of uncodified islamic personal law and other islamic civil law throughout the north.
At the end of the colonial phase, the application of sharia in the north was total, extending. May 04, 2011 sharia law in nigeria screened sharia law in nigeria screened skip navigation sign in. It is derived from the religious precepts of islam, particularly the quran and the hadith. Human rights and islamic law in northern nigeria hrw. Sharia law in nigeria screened sharia law in nigeria screened skip navigation sign in.
Lecturer in islamic law at bayero university, kano. In practice the new sharia courts in nigeria have most often meant the reintroduction of relatively harsh punishments without respecting the much tougher rules of evidence and testimony. Fodios justification for the war was on the grounds. In 1804 shaikh uthman, a sunni muslim launched a successful holy jihad in presentday northern nigeria. Human rights and shariah justice in nigeria nigerian law guru. Pdf boko haram, sharia law and the nigerian constitution. This essay concludes with suggestions for the way forward. The regime ignored the sharia pockets in the south and restricted its operation to the north, which they designated as muslim, while the south was dubbed christian. Sharia, family, and democracy in nigeria and beyond 08. Islamic law and legal hybridity in nigeria cambridge core. Firstly, by being totally replaced with the comparable provisions of. Why should the ideological islamic legal principles of. Sharia law in nigeria journal of islamic studies and culture. Although it has made a considerable inroad into the nations grundnorm, islamic law still seeks to extend the prongs of its.
Jan 27, 2012 the islamist group boko haram, which has killed almost 1,000 people in nigeria, will continue its campaign of violence until the country is ruled by sharia law, a senior member has told the guardian. The constitution of nigeria is the supreme law of the country. It contains the rules by which the muslim world is governed or should govern itself and forms the basis for relations between man and god, between individuals, whether muslim or. Under sharia law, women are reduced to chattel and slavery under their dominating male counterparts, and the u. An islamic sharia court in northern nigeria has spared the life of a convicted rapist who had been sentenced to be stoned to death.
If freewill and reasoning thought is to prevail, the american people must fight against sharia law taking hold in america. The application of sharia law in nigeria dates back several hundred years in the precolonial period when borno and sokoto caliphates were administered by it. However, statistics on religious violence across the country reveals that 95% of religious conflicts occurred in northern nigeria. The introduction of sharia law in nigeria and the nigerian. Jun 19, 2017 sharia, rabbinical, and catholic canon law are even referenced in secular u. The diverse manifestations of islamic law in muslim life today in contexts ranging from. In the name of allah, most gracious, most merciful islaamic sharia law based on quraan, sunnah and ijtihaad. Sharia law in nigeria since the end of military dictatorial rule in 1999, more than 18,000 nigerians have died in intercommunal, political and sectarian violence. Gender and sharia law in northern nigeria yinka olomojobi introduction the advent of islam in northern nigeria, mainly in the hausa kingdoms, was introduced by shaikh uthman dan fodio. Religious and customary laws in nigeria law in action. From there we move through colonialism and its aftermath into the new sharia era introduced by governor sani of zamfara state. As a legal system, sharia law is exceptionally broad. A history of the application of islamic law in nigeria.
Challenges and prospects can be understood as the present problems and future reality of making sharia law official and national law in a heterogeneous nigerian society. Nigerian bishop says sharia law has failed in the north of. Nigeria incorporated sharia into state criminal law and launched extensive. Some 12 of nigerias 36 states have extended sharia to criminal matters and courts can order amputations although few have been carried out. Muslim organisation and the mobilisations for sharia law. To say that not every ethnic group in africa has the numbers to constitute a state in its own right is not to establish that states like nigeria. You will achieve an understanding of islam that most in the west do not have. The penal code, laws of northern states of nigeria, ch. In nigeria, sharia has been instituted as a main body of civil and criminal law in nine. Islamic law in nigeria came to be adversely affected by colonial legislation in two ways. Shari a has been in force for many years in northern nigeria. What we know as nigeria today is the result of the decision of the british colonial state to create a nation out of the many different ethnic groups, kingdoms and empires that dotted the landscape before their arrival. The british indirect rule system of government permitted muslim laws to govern in areas they did not have a direct concern in family law, but not taxation or most of criminal law. Facts about sharia law around the world vanguard news.
The sharia controversy in northern nigeria and the politics of. In nigeria, sharia has been instituted as a main body of civil and criminal law in nine muslimmajority states, and in some parts of three muslimplurality states since 1999, when thenzamfara state governor ahmad sani yerima began the push for the institution of sharia at the state level of government. A dozen states in nigeria are muslimmajority, and since 1999 they have all at least partially implemented sharia law. The sharia also spelled shari a or shariah law is cast from muhammads words, called hadith, his actions, called sunnah, and the quran, which he dictated. The implications of the general legal operations of sharia law were examined. Sharia law in nigeria since the end of military dictatorial rule in 1999, more than 18,000 nigerians have died in inter communal, political and sectarian violence. An overview of the jurisdiction of sharia courts page 16. Contextually, the introduction of sharia law in nigeria visavis the nigerian constitution. Nov 27, 2000 the sharia question has divided nigeria as no other has since the civil war 30 years ago, and provided one of the biggest challenges to president obasanjos leadership. Since then, nine northern nigerian states have adopted sharia law fully, to include criminal cases as well. The punishments include amputation of oneboth hands s for theft and stoning for adultery. The sharia law itself cannot be altered but its interpretation, called fiqh, by muftis islamic jurists is given some latitude. Many details of the incorporation of sharia in the laws of nigeria are discussed, including the sharia courts and the sharia penal and criminal procedure codes.
However, statistics on religious violence across the country. The adoption of stringent sharia codes in the north was the culmination of nearly four decades of muslim pressure for the implementation of the nigerian law in the. Sharia, rabbinical, and catholic canon law are even referenced in secular u. More importantly, you will know the basis of sharia.
The relations between sharia and national law in nigeria have var ied widely from time. Aside from igniting lethal sectarian violence, the extension of sharia has spawned continued debate regarding the constitutionality of sharia implementation in northern nigeria. Sharia law an introduction the koran is the principal source of islamic law, the sharia. Part one the development and application of sharia in northern nigeria.
It coherently combine ethical norms of virtue and vice, good and evil, and represents the standard of judgement for all human actions. Nigeria has its own constitution which was established on 29 may 1999. Politics of sharia law in nigeria politics nigeria. Sharia law itself cannot be altered, but the interpretation of sharia law, called fiqh, by muftis islamic jurists is given some latitude. In this course, we will be learning with internationally renowned.
Currently a postgraduate student at the faculty of law, university of lagos. Most muslims believe sharia is derived from two primary sources of islamic law. This paper examines the role of muslim religious organisations in northern nigeria as religious interest groups in relation to government decisionmaking, including their role as superior muslim influence in the introduction and dissemination of sharia law in 12 northern states in nigeria. The law of nigeria consists of courts, offences, and various types of laws. Pdf sharia and national law in nigeria researchgate. Sharia and islam constitute one of the key indices in the current nigerian constitutionalism and democracy project. The relations between sharia and national law in nigeria have varied widely from time to time and from place to place within the country which after all was first brought under a single. Muslims in nigeria are predominantly sunni in the maliki school, which is also the governing sharia law. In the name of allah, most gracious, most merciful islaamic sharia law based on quraan, sunnah and ijtihaad a need for. This site is like a library, use search box in the widget to get ebook that you want. Islamic law advances in nigeria world news the guardian. Boko haram, sharia law and the nigerian constitution. Sharia law in nigerian constitution according to the pew research center as well as bbc the approximate amount of nigerians who call themselves muslim is a bit more than fifty percent. We use cookies to help provide and enhance our service and tailor content.
Sharia law in nigerian constitution history of sharia law long before this law came to nigeria, it was established and developed for ages by socalled muftis, who served as lawyers or lawmakers in places where sharia originated from. The development and application of sharia in northern. Throughout this and other chapters i emphasize that. Muslim organisation and the mobilisations for sharia law in.
This chapter addresses the history of islam, how islamic law was introduced into nigeria and how the sokoto caliphate 18081903 became the champion of. Research and data collection for this report were carried out with the support. A sourcebook full text please click on the arrows in front of the volume titles to see the complete tables of contents for each volume. The current crisis began when zamfara state, a state in nigeria, enacted the shariah courts administration of justice and certain consequential changes law of 1999, which became operative in january 2000. The sharia court of appeal was first established under the sharia court of appeal law, chap 122, laws of northern nigeria, 1963. Islams sharia law is cast from the words of muhammad, called hadith, his actions, called sunnah, and the quran, which he dictated. Sharia law in the northern states of nigeria johns hopkins. He was formerly the head of brunel law school, brunel university, london. A history of islamic law in nigeria request pdf researchgate. Sharia law faithbased religion occupy major sections of the nigeria constitution. All five states that currently punish samesex relations by the death penalty are shariacompliant. Under this law, the application of sharia h law in zamfara state was extended. By then clicking on the links marked pdf format, the indicated parts of the volumes can be accessed in full text. Join us for an introduction to the sharia and islamic law, and learn more about some of the diverse roles they play in muslim life.
1413 312 312 1326 240 167 455 504 1406 1280 358 1430 797 1259 1524 1584 271 374 1139 759 1076 1428 1310 788 273 826 1496 1319 590 410 79 424 595 658 818 1326 463 43 1191 496 880 1186 641 888 113 728 1336 278 484