Some states in northern nigeria have reintroduced sharia courts shura. Pdf sharia and national law in nigeria researchgate. Sharia law in nigeria journal of islamic studies and culture. Abdulfatah kola makinde is a lecturer in the department of religious studies, obafemi awolowo university, ileife, osun state. This site is like a library, use search box in the widget to get ebook that you want.
Sharia law faithbased religion occupy major sections of the nigeria constitution. Support for the inclusion of a sharia legal system that governs family law and a religious view about modes of personal conduct have support within the society. Human rights and islamic law in northern nigeria hrw. In the name of allah, most gracious, most merciful islaamic sharia law based on quraan, sunnah and ijtihaad. The development and application of sharia in northern. Republic of nigeria generally, to create a pure islamic state ruled by sharia law. You will achieve an understanding of islam that most in the west do not have. Pdf generated august 28, 20 by kalins pdf creation station wordpress plugin. D1 abstract originally, the radical islamic movement in the northern nigeria was thought to be as a result of their poor socioeconomic infrastructures, poor governance, and the hatred for nigeria s interest in the western lifestyles. Why should the ideological islamic legal principles of. The plight of women is one of perpetual silence and immobility.
The demand for sharia as law has risen with every constitutional debate since the colonial period of 1950. The penal code, laws of northern states of nigeria, ch. 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. Nigerias sharia controversy provides a key case for understanding the politics.
This piece explores how the regional and political stakes involved in the expansion of islamic law sharia, in violation of nigeria s 1999 constitution, has provoked considerable turmoil and social disorder in northern nigeria. At the outset i emphasize that sani did not introduce anything really new. He is also a member of the independent sharia panel of osun state. Why is there no separation between religion and state. More importantly, you will know the basis of sharia. Despite nigerias heterogeneity, it is an example of the tensions related to creating parallel sharia court systems in countries with significant muslim. By then clicking on the links marked pdf format, the indicated parts of the volumes can be accessed in full text. There are four distinct legal systems in nigeria, which include english law, common law, customary law, and sharia law. Dorothy akenova, a rights activist with the nigeriabased international centre for reproductive health and sexual rights, told the bbc that some of those arrested in bauchi state were beaten up and tortured. Islamic law advances in nigeria world news the guardian. By leo igwe today, criticizing islam has become a dangerous undertaking even when such criticisms are warranted.
Since 2000, twelve states in northern nigeria have added criminal law to the jurisdiction of shari a islamic law courts. Sharia in nigeria 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. It provides a rich analysis not just of the amina lawal case but also of the islamic discursive tradition in muslim west africa. Apr 08, 2011 the future and nature of sharia courts in nigeria is far from clear, and the diversity of the political, ethnic, and religious landscape will continue to make any predictions difficult. In the th century, arab traders brought islam to northern nigeria. The existence of sharia law, sharia criminal courts and sharia customary courts in 1999 nigeria constitution invoke questions.
Most muslims believe sharia is derived from two primary sources of islamic 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. 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. 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. Five men appeared in a sharia court in bauchi in january on charges of forming a gay club.
From there we move through colonialism and its aftermath into the new sharia era introduced by governor sani of zamfara state. 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. Pdf in light of buharis sweeping electoral victory in a competitive campaign that has been hailed as a milestone for the advance of. Later in the 15th century europeans brought christianity to southern nigeria. 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. An overview of the jurisdiction of sharia courts page 2 according to professor abdullah shehu sokoto, shariah is defined as. Can a selective imposition of islamic law work in the nation. Throughout this and other chapters i emphasize that. Area and upper area courts, the sharia h court of appeal could only apply islamic personal law. Sharia law in the northern states of nigeria johns hopkins. Sharia implementation in northern nigeria 19992006.
Also, with the implementation of kaduna states modified version of sharia, some muslims, especially prominent members of the supreme council for sharia in nigeria scsn, a group that tries to coordinate sharia laws across the twelve shariaimplementing states 43 paden, supra note 12, at 34. Muslim organisation and the mobilisations for sharia law in. Pdf 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. The law of nigeria consists of courts, offences, and various types of laws. To the 15th century in nigeria was strengthened islam, it was brought here through the desert tradersmuslims. Introduction history of islam in nigeria jihad islamic law sharia islam and politics islamic movements, islamic reform selected web resources there has been considerable recent media coverage of the implementation of islamic sharia law in the northern states of nigeria. The british indirect rule system of government permitted muslim laws to govern in areas. Sharia law reports of nigeria download ebook pdf, epub. Why are some people in the same country being governed by their religiousfaith while.
In nigeria, sharia has been instituted as a main body of civil and criminal law in nine. First major centralized state in northern nigeria was kanembornu, the occurrence of which belongs to the late 8th century a. Click download or read online button to get sharia law reports of nigeria book now. Shari a has been in force for many years in northern nigeria. Pdf boko haram, sharia law and the nigerian constitution. The constitution of 1999 opened the door to the imposition of sharia by granting significant power to nigeria s states and creating a system. Reflections on the new sharia law in nigeria council on foreign.
Written for presentation at the international conference on restoration of shariah in nigeria. This part of the book aims at a brief examination of the development and application of sharia in northern nigeria from the 19th century to the colonial period, the impediments to its application, and the issues in sharia debate from 197778 to 2001. Research and data collection for this report were carried out with the support. Sharia and islam constitute one of the key indices in the current nigerian constitutionalism and democracy project.
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. Historians have established a direct connection between the first ethno. The introduction of sharia law in nigeria and the nigerian. Sharia, family, and democracy in nigeria and beyond 082820. Contextually, the introduction of sharia law in nigeria visavis the nigerian constitution. The independent sharia panel of lagos state abdulfatah kola makinde, philip ostien. The sharia controversy in northern nigeria and the politics of.
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 nonmuslim, as well as between man and things which are part of creation. In 2002, negative light was brought to sharia in northern nigeria when amina lawal, a single mother in katsina state, was accused of adultery and sentenced to death by stoning by a state sharia court for conceiving a child out of wedlock. As a result of my fathers objection, i turned to teaching islamic law at the university of sokoto in nigeria. In particular, international attention has been drawn to the application of sharia law to criminal offences and the. It finally aims at looking at the need for a contemporary reformulation of the sharia. 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 constitution of nigeria is the supreme law of the country. Nigeria has its own constitution which was established on 29 may 1999. Sharia and the 1999 nigerian constitution by dr, chris wigwe introduction for some time now, there have been the debates in nigerian about the full implementation ofsharia in the legal system. Since august 2011 boko haram has planted bombs almost weekly in public or in churches in nigeria s northeast.