Chapter 3 part iii sharia implementation and female muslims. Islamic law advances in nigeria world news the guardian. The english system, having a written constitution, was made dominant and the other laws apply to the extent permitted by it. The making of the zamfara and kano state sharia penal codes. Yet, moderation in sharia in nigeria did not come from the adoption of a foreign policy by the united states to deal with the spreading jurisdiction of sharia law in nigeria as paul marshall recommends, but rather from social and political dynamics within nigeria. Sharia and social engineering download sharia and social engineering ebook pdf or read online books in pdf, epub, and mobi format. The twelve sharia states are zamfara, bauchi, borno, gombe, jigawa, kaduna, kano, katsina, kebbi, niger, sokoto and yobe. Islamic law, even in the northern states where the high courts have a wide jurisdiction in the application of islamic law. Dec 24, 20 sharia implementation in northern nigeria. Islam and sharia law the atlantic councils rafik hariri center for the middle east studies political and economic dynamics in the middle east and recommends us, european, and regional policies to encourage effective governance, political legitimacy, and stability. In practice the new sharia courts in nigeria have most often meant the reintroduction of harsh punishments without respecting the much tougher rules of evidence and testimony. This article is to analyse the view of both these groups and come to a conclusion based on my opinion.
Their constitutions commonly refer to sharia as a source or the main source of law, though these references are not in themselves indicative of how much the legal system is influenced by sharia, and whether the influence has a traditionalist or modernist. Area and upper area courts, the shariah court of appeal could only apply islamic personal law. The extension of sharia to criminal law in nigeria. The punishments include amputation of oneboth hands for theft and stoning for adultery. The violence escalated dramatically in 2014, with 10,849 deaths. By leo igwe today, criticizing islam has become a dangerous undertaking even when such criticisms are warranted. In his typically powerful column today, andy mccarthy argues that there cannot be nice, clean, friendly sharia because sharias goal is to insulate and fortify the umma for inter. Abdulfatah kola makinde is a lecturer in the department of religious studies, obafemi awolowo university, ileife, osun state. The term sharia itself derives from the verb sharaa, which according to abdul mannan. Click download or read online button to get sharia law reports of nigeria book now. Saint group pso language and culture islamic law sharia and fiqh sharia arabic. The insurgency takes place within the context of longstanding issues of religious violence between. The development and application of sharia in northern nigeria.
It is the established opinion of muslim scholars that islam had fallen upon hard times in what is now far northern nigeria. Islamic law and legal hybridity in nigeria journal of. Brief history of the penal law of the northern states of nigeria. The boko haram insurgency began in 2009, when the jihadist rebel group boko haram started an armed rebellion against the government of nigeria. Available formats pdf please select a format to send. In this research paper, icct visiting fellow akinola olojo examines the key drivers of public support for. Islamic law dictates the system of life across the spectrum, including financial transactions, dress codes, marriages, individual movements, and it functions in a closed system. Next impediment to the application of islamic law in nigeria is the criteria of repugnancy and incompatibility8. Oloyede 2000 affirms that in 1900, the native courts proclamation allowed the application of sharia in criminal cases in northern nigeria. The constitution of nigeria is the supreme law of the country.
The black expects a critical analysis of all the islamic past and all its texts before sharia can be applied in nigeria. Aug 27, 2009 the essay begins with a brief history of the penal law of the northern states of nigeria, from the colonial period up to 19992000, when twelve northern states began their programmes of sharia implementation. 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. This 111page report documents human rights violations since sharia was introduced to cover criminal law in 12 northern states. 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. Nigeria has its own constitution which was established on 29 may 1999.
The repugnancy test requires that no rule of islamic law or customary law shall be applicable. By then clicking on the links marked pdf format, the indicated parts of the volumes can be accessed in full text. Some states in northern nigeria have reintroduced sharia courts. In 2002, muslim activists in lagos state took it upon themselves to set up what amounts to a private arbitration tribunal. By leo igwe today, criticizing islam has become a dangerous undertaking even. Why are some people in the same country being governed by their religiousfaith while. The british colonial administration created a hybrid legal system in nigeria where english, islamic and customary laws apply. Sharia law reports of nigeria download ebook pdf, epub. Having firmly and solemnly resolve, to live in unity and harmony as one indivisible and indissoluble sovereign nation under god, dedicated to the promotion of interafrican solidarity, world peace, international cooperation and understanding.
The sharia debate and the origins of nigerias second. Sharia law rules on child custody can be quite cut and dried and were indeed described by judges in the house of lords as arbitrary and discriminatory in the case of m lebanon v home secretary 2008 ukhl 64. Chapter 3 part iii sharia implementation and female muslims in nigerias sharia states jamila m. The corrupt practices and other nhg standaard lage rugpijn pdf related new wider world pdf offences act 2000 act no. A great many female muslims live in the twelve sharia states of northern nigeria nineteen or twenty million of them altogether. Sharia is an islamic legal system and an islamic government can only apply it. The development and application of sharia in northern.
President obasanjo fails to save fellow christians from rigours of sharia as muslims seek a solution to their ills in the law of the prophet. 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. Firstly, at one end are mainly nonmuslims who believe that application of islamic criminal ethos and laws beyond the. On the one hand, some have argued that the implementation of sharia was an effort aimed at pacifying a section of muslims the conservatives who had regularly agitated against the secular nature of the nigerian state and, instead, called for the unification of state and religion in northern nigeria under sharia. By the northern nigerian order in council of 1899, northern nigeria was to be ruled by proclamation. This site is like a library, use search box in the widget to get ebook that you want. Sharia criminal law, islam and democracy in nigeria today 182 be that as it may, the nigerian situation seems to paint a much more complex scenario.
Why is there no separation between religion and state. Human rights and islamic law in northern nigeria hrw. Islam classically draws no distinction between religious, and secular life. Nigeria is a sovereign state with a constitution and a president who is the commanderinchief of the armed forces. Apr 16, 2015 on the one hand, some have argued that the implementation of sharia was an effort aimed at pacifying a section of muslims the conservatives who had regularly agitated against the secular nature of the nigerian state and, instead, called for the unification of state and religion in northern nigeria under sharia. Chapter 3 part iii sharia implementation and female. Sharia, or islamic law, is a term that evokes strong emotions.
The adoption of sharia in zamfara has a precedence in history. In defiance of the authorities in oyo state, the supreme council of sharia says it has carried out a ceremony in ibadans central mosque to inaugurate a panel to rule on civil matters in the region. Borno, gombe and yobe have not yet begun to apply their sharia penal codes. Most muslimmajority countries incorporate sharia at some level in their legal framework. Nigerians should start thinking as citizens before thinking of ourselves as religious or ethnic group will make nigeria a great country. Since 2000, at least 10 people have been sentenced to death and. The existence of sharia law, sharia criminal courts and sharia customary courts in 1999 nigeria constitution invoke questions. There are four distinct legal systems in nigeria, which include english law, common law, customary law, and sharia law. 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. The sharia contains the rules by which a muslim society is organized and governed, and it provides the means to resolve conflicts among individuals and between the individual and the state. According to state laws, sharia courts may pass sentences based on the sharia penal code, including hudood offenses serious criminal offenses with punishments. Hence sharia covers not only religious rituals, but many aspects of.
Colonialism bequeathed a onelegged sharia by its phasing out of islamic criminal justice system. The new sharia penal codes enacted at that time are then described and discussed. Area and upper area courts, the sharia h court of appeal could only apply islamic personal law. Nmehielle abstract the recent introduction of the full sharia, the islamic legal system, by some northern states in nigeria raises a number of constitutional questions and impacts the supremacy of the nigerian. Introduction right from the amalgamation of nigeria till today, one of the challenges that has confronted the country has been how to. The law of nigeria consists of courts, offences, and various types of laws. Whereas the office of the governor was created by the same constitution and derives his powers from it. It finally aims at looking at the need for a contemporary reformulation of the sharia. The introduction of sharia law in nigeria and the nigerian. The government did not file charges against any soldiers after the incident. Philip ostien taught for many years in the faculty of law, university of jos, plateau state. The return to civil rule in nigeria in 1999 begot the revival of the sharia legal system in some states of northern nigeria. Sharia courts hear criminal cases in 12 northern states. Throughout this and other chapters i emphasize that.
Using the url or doi link below will ensure access to this page indefinitely. Commission for refugees unhcr pdf of act consulted on 20110824. Muslims in britain and throughout the world aspire to carry out their financial matters in accordance with the principles of islamic law. Pdf sharia and national law in nigeria researchgate. Sharia implementation in northern nigeria 19992006. To implement or not to implement, the constitutionality is the question vincent o. Oct 15, 2014 the british colonial administration created a hybrid legal system in nigeria where english, islamic and customary laws apply. The essay begins with a brief history of the penal law of the northern states of nigeria, from the colonial period up to. The essay begins with a brief history of the penal law of the northern states of nigeria, from the colonial period up to 19992000, when twelve northern states began their programmes of sharia.
He is also a member of the independent sharia panel of osun state. 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. Click download or read online button to sharia and social engineering book pdf for free now. The sharia debate and the origins of nigerias second republic volume 20 issue 3 david d. Penal code of northern nigeria free pdf file sharing. From there we move through colonialism and its aftermath into the new sharia era introduced by governor sani of zamfara state. Download pdf sharia and social engineering free online. Challenges and prospects amanambu, uchenna ebony phd methodist church nigeria, umuobiala, isuikwuato l. The essay begins with a brief history of the penal law of the northern states of nigeria, from the colonial period up to 19992000, when twelve northern states began their programmes of sharia implementation. Sharia music guitar lessons with the greats pdf penal code law 2000, signed into law on 25th november 2000, coming.
Project muse sharia law in the northern states of nigeria. As required by the nigerian constitution, islamic criminal law was codified, in the form of sharia penal and criminal procedure codes enacted by the state houses of assembly and signed into law by the governors. If the constitution is superior to the sharia, then the sharia cannot work, unless we are changing nigeria to the islamic republic of nigeria. Download printerfriendly pdf file of this report 527 kb, 1 pages. The independent sharia panel of lagos state abdulfatah kola makinde, philip ostien.
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