Agbiboa2 introduction 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. Christine schirrmacher, born 1962 ma in islamic studies 1988, dr. It coherently combine ethical norms of virtue and vice, good and evil, and represents the standard of judgement for all human actions. The area that is most affected with terrorists attacks is the defunct northern region. The reintroduction of sharia criminal law in nigeria. Sharia, constitution and conflict plans to extend sharia law in the religiously diverse and volatile northwestern state of kaduna led to bloody clashes that claimed some 2,000 lives in february and may 2000.
Oct 18, 2011 45 laws of northern nigeria, sharia court of appeal law 1963 cap. May 20, 2019 a dozen states in nigeria are muslimmajority, and since 1999 they have all at least partially implemented sharia law. Sharia law in the northern states of nigeria jstor. Islamic criminal law and constitutionalism in nigeria. Philip ostien taught for many years in the faculty of law, university of jos, plateau state. However, this has changed with the judicial pronouncement in the case of alkamawa v bello1998. The groups active gnawing at the religious, ethnic, and regional faultlines of nigeria not only threatens the. However, after his death, and with time, the kingdom returned to its patriarchal structures. 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 character. The implications of the general legal operations of sharia law were examined. Implications for national security ushe mike ushe, ph.
Citing a law professor from the university of arizona who is. For instance, for the women from whom you fear disobedience. Sharia in the nigerian constitutions uin walisongo journals. The sharia, is essentially a believers law in the sense that it is primarily binding on those who believe in it. Sharia, criminal law, state secularity, nigerian constitution, human rights, islam 1. A pdf file is a portable document format file, developed by adobe systems. To give effect to this declaration, the states created many institutions, such as the sharia commission, the zakat commission, and the hisbah, a group expected to promote islamic virtue, whilst discouraging vice. In presentday nigeria, the concern of human rights campaigners and millions of nigerians, both muslim and christian, is the extension of sharia law to criminal matters as against personal and civil matters, which it had been regulating before 1999. Special courts sharia court of appeal customary court of appeal tribunals excluding commissions of inquiry d. The case of hisbah nigeria stability and reconciliation. Islamic law and legal hybridity in nigeria journal of. Northern nigeria over 15 years, report for nsrpdrpcnrn research project on sharia implementation over 15 years. The complete court records in the two famous zina cases of safiyatu hussaini and amina lawal are reproduced in chapter 6. Boko haram activities in the northeast of nigeria have created a serious security threat to nigeria and its neighbors in the lake chad region.
Abdulfatah kola makinde is a lecturer in the department of religious studies, obafemi awolowo university, ileife, osun state. It is unclear how many people were killed in the fighting between muslims and christians, that lasted with peaceful intervals from 21 february until 23 may 2000. Sharia criminal law and state secularity principle in. You can use the tools in paint to add something to a different document. It is a discussion of the application of the law in some states of the country. Different legal schoolsof which the most prominent are hanafi, maliki, shafii, hanbali and jafarideveloped methodologies for deriving sharia. The development and application of sharia in northern. Luckily, there are lots of free and paid tools that can compress a pdf file in just a few easy steps. 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. Boko haram, sharia law and the nigerian constitution. In sections 14 of this paper the complex history of our subject is sketched, culminating in the programmes of sharia implementation that began in 1999 in twelve. For the author, nigeria s transition to democracy upset the balance of power and aggravated ethnicreligious tensions p. To some extent, the enactment of sharia law in nigeria is a prime example of the. If your pdf reader is displaying an error instead of opening a pdf file, chances are that the file is c.
For muslim marriages, the sharia court of appeal has jurisdiction over matters relating to marriage and its dissolution constitution, 1999. Human rights and islamic law in northern nigeria hrw. Oath of office of vicepresident, deputy governor, minister, commissioner or special adviser oath of a member of the national assembly or of a house of assembly judicial oath constitution of the federal republic of nigeria 1999 we the people of the federal republic of nigeria having firmly and solemnly resolve, to live in unity and harmony as one indivisible and indissoluble sovereign nation. Sharia remained in force in all emirates until the independence, with nonmuslim settlers mainly igbo and yoruba discriminated against. Sharia implementation in northern nigeria 19992006. Sharia, family, and democracy in nigeria and beyond 08. Adobe designed the portable document format, or pdf, to be a document platform viewable on virtually any modern operating system. A history of the application of islamic law in nigeria. The penal code, laws of northern states of nigeria, ch. Traditional theory of islamic jurisprudence recognizes four sources of 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 introduction of sharia law in nigeria and the nigerian. Africa nigeria looks back on 20 years of sharia law in the north. Nigeria as a nation at boilingedge, political economic instability as a result of sharia law, and the perceptiveness of the christians opposition of the imposition of sharia law. Peters, professor of islamic law, university of amsterdam, assisted by maarten barends, a law student at the same university. Pdf is a hugely popular format for documents simply because it is independent of the hardware or application used to create that file. 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. Part one the development and application of sharia in northern nigeria. Most muslimmajority countries incorporate sharia at some level in their legal framework. The islamic family law includes concrete rules implementing this principle. Nevertheless, in february 2008, the lagosbased newspaper this day reported that kanos sharia police also referred to as hisbah police had attempted to enforce islamic law in nonmuslim sections of the state 2 feb.
According to the principles of sharia, we are supposed to be seeing joy. Within the framework of the consultancy a twoweek mission to nigeria was conducted from 11 through 24 september 2001. By michelle rae uy 24 january 2020 knowing how to combine pdf files isnt reserved. An oversized pdf file can be hard to send through email and may not upload onto certain file managers. Dec 18, 20 sharia law if the penalty for their crime is less severe under sharia ibid. It is part of a wider research project that deals with the implementation of sharia in the twelve northern states of nigeria over the last fifteen years.
Nigeria, some states have attempted to adopt sharia law as their state law. The groups objective was to establish an islamic state and institutionalize sharia law in nigeria, particularly the northeast region. May 25, 2020 pdf compendiums of the rules of courts, laws of nigeria and of select states are available. Mohssen, the court applied moslem customary law of lebanon as the law binding between the parties. How to shrink a pdf file that is too large techwalla. The development and application of sharia in northern nigeria. Sharia, family, and democracy in nigeria and beyond 082820. The independent sharia panel of lagos state abdulfatah kola makinde, philip ostien.
The reasons why sharia law and human rights will always be incompatible sharia law establishes a superiority of men over women, because god has made the one superior to the other quran, 4. That is, the north and the area called today middlebelt of nigeria today. 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. Pdf boko haram, sharia law and the nigerian constitution. Searching for a specific type of document on the internet is sometimes like looking for a needle in a haystack. Sharia is a religious law forming part of the islamic tradition. Download free pdf the reintroduction of sharia criminal law in nigeria. For some, it is a set of harsh punitive measures to enforce compliance with religious codes, often in contradiction to secular laws. Our primary objective is to assist and guide final year students with well researched and quality project topics, project works, research guides, and project materials, at a very reduced and affordable price. This article explains what pdfs are, how to open one, all the different ways. Democratic federalism and changes in northern nigeria.
However, statistics on religious violence across the country reveals that 95% of religious conflicts occurred in northern nigeria. Abstract the persistent religious conflicts and insecurity in nigeria has given meaningful nigerians a cause for deep concern in recent times. In 2002, a nigerian islamic court sentenced amina to death by stoning1 for committing adultery. The sharia law and order in islam also explains the practical consequences for the life of minorities, converts, and women. By then clicking on the links marked pdf format, the indicated parts of the volumes can be accessed in full text. Despite scholarly writings and widespread media coverage we still have limited knowledge of how nigerians view sharia law the objective of this article is to analyse the validity of sharia in nigeria today. Sharia implementation in northern nigeria over 15 years, policy brief.
It tries to unearth the paradoxes, the probability and challenges of enforcing sharia law in a multi religious and cultural nigeria visavis the nigerian constitution which tries to accommodate the plurality of nigerian religiocultural compositions. 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. I paid for a pro membership specifically to enable this feature. Most electronic documents such as software manuals, hardware manuals and ebooks come in the pdf portable document format file format. Outline of civil and criminal procedure in nigeria f. Sharia law, muslim, christian, imposition, perceptiveness, northern. Nigerian bishop says sharia law has failed in the north of. Let these people who pass such laws have their tongue and hands cut off and eyes plucked off a. List of law project topics and research materials in pdf 2021. D school of arts and social sciences,national open university of nigeria,lagos. Changes in the laws of the sharia states on these subjects, made as part of sharia implementation, are discussed in detail in part ii of this chapter, and the new laws themselves are reproduced in part iv. The 2000 kaduna riots were religious riots in kaduna involving christians and muslims over the introduction of sharia law in kaduna state, nigeria.
The adoption of full sharia both personal and criminal law by twelve northern states after 1999 intensified the divide, tension and conflict among the adherents of nigeria s two major religions, islam and christianity. States using sharia law in nigeria islam for muslims. This action is sensitively viewed as ahidden coup detat agenda in light of the rapid movement of the sharia law in virtually all northern muslim states in the nation. The pdf format allows you to create documents in countless applications and share them with others for viewing. This report examines the impact of sharia implementation on women. Once youve done it, youll be able to easily send the logos you create to clients, make them available for download, or attach them to emails in a fo. One of the fun things about computers is playing with programs like paint. For others, the meaning is contextual and has been interpreted as a means. Two decades ago, several nigerian states introduced islamic legal systems. This website archives the discussion that emerged through the project blog, a symposium law. Religious conflicts in nigeria world socialist web site. To combine pdf files into a single pdf document is easier than it looks. Chapter 3 part iii sharia implementation and female muslims.
Sharia implementation in northern nigeria sharia debates in. Read on to find out just how to combine multiple pdf files on macos and windows 10. The reintroduction of islamic criminal law has contributed to interreligious tensions in nigeria, in particular in the early. Pdf sharia and national law in nigeria researchgate. The common form of muslim divorce in nigeria, is talaq which is the husbands unilateral right to dissolve the.
Bn 2546302 with over 20,000 research material guides. He is also a member of the independent sharia panel of osun state. The sharia law utilized in the aforementioned regions is under state law, which means they can intervaneoverrule sharia matters. This means it can be viewed across multiple devices, regardless of the underlying operating system. However, statistics on religious violence across the country. The religious scenario in nigeria has assumed a violent dimension, leading to suicide bombing, loss of innocent lives and property. Legal profession and legal education in nigeria pul205 human rights law 1 a. Sharia used to be categorized as a customary law in nigeria.
Shariah criminal law in northern nigeria department of justice. Yet our courts of law have gone even further by subordinating the rules of islamic law not only to the enactments of the nigeria legislature, but also to the. Sharia is not our constitution in nigeria thus its weakness. Nigeria looks back on 20 years of sharia law in the north. It seeks to determine which of the constitution and sharia is the supreme law. The paint program can help you make new image files, but it cannot open document or pdf file. As a result of my fathers objection, i turned to teaching islamic law at the university of sokoto in nigeria. Pdf judicial practice in distribution of inheritance. This paper examines whether the adoption of the criminal aspect of sharia in nigeria is in accord with constitutionalism and the rule of law. Shariah criminal law in northern nigeria us commission on. Under islamic law, women do not have equal rights to initiate and finalize a divorce. Why should the ideological islamic legal principles of.
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