The legal system is supposed to regulate and license the islamic banking business, besides imposing control and supervision of the affairs of the islamic banks. Enforcement of hudood punishments under islamic law in igeria. In fact islamic criminal justice was eliminated in preindependence nigeria. If he uses his best judgment but makes a mistake, then he receives a single reward.
The courts play a pivotal role in the organisation and maintenance of the legal order. Includes information about the court of appeal and high courts. Characteristics of the nigerian legal system english law content. Click download or read online button to get the nigerian legal system book now. In islamic law, the type of punishment will categorize the crimes. Islamic law and legal hybridity in nigeria cambridge core. This write up will seek to provide answer to that important question. The constitution of nigeria is the supreme law of the country. Sharia has been in force for many years in northern nigeria. Sharia is the most widespread religious legal system see islamic law, and is the sole system of law for countries including iran, the maldives, and saudi arabia. Nature and sources of nigerian legal system nigeria became a federation in 1954 with the introduction of a federal constitution by the nigerian constitution order in council 1954. Olong adefi is a barrister and solicitor of the supreme court of nigeria. Sharia law in the northern states of nigeria johns hopkins. The legal system of a nation is critical to the maintenance of law and order in that nation.
The sharia, is essentially a believers law in the sense that it is primarily binding on those who believe in it. The only part of the sharia it was ready to concede was the socalled law of personal status. The development and application of sharia in northern. First, there is the legal pluralism arising from the multifarious legal traditions or legal cultures in the country. Shariah in islamic law as known to any student of islam is the ordained legal system by allah for the muslims to enable them enjoy the best of. Democracy like shariacry, democracy is also a system of governance according to some agreed upon. The quran, in islamic law, outlawed prevalent customs such as idolatry, gambling, liquor, promiscuity, unbridled polygamy, usury, etc. Nigeria came to independence with a wellestablished legal system that included a court system and a thriving legal profession in the british tradition. 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. Nigeria has its own constitution which was established on 29 may 1999. Oct 15, 2014 the british colonial administration created a hybrid legal system in nigeria where english, islamic and customary laws apply. The sunnah also provides for the legal basis of the islamic judicial system.
The nigerian legal system download ebook pdf, epub, tuebl, mobi. Accordingly, nigerian legal system has been significantly influenced by the british commonwealth. This site is like a library, use search box in the widget to get ebook that you want. The legal system of nigeria is designed to bring to focus and consideration all these regions so as to form a unifying kind of law in which everyone will feel represented. The development and application of sharia in northern nigeria. He argued that legal reforms are seriously necessary and needed. Pdf sharia and national law in nigeria researchgate. A valuable explanation is given of words and maxims used in the nigerian legal system, and an index. W h i l e islamic law has area courts and the sharia court of appeal, customary. It concludes by pointing out that the application of islamic law is not new and that nigeria operates three legal systems. Islamic legal system news latest breaking stories and top. As a result, the common law of england, the doctrines of equity as well as statute of general application in force in england as at 1st january 1900 form an essential part of nigerias legal system.
Since 2000, twelve states in northern nigeria have added criminal law to the jurisdiction of sharia islamic law courts. Section three discusses islamic banking in nigeria, which offers. The nigerian legal system is based on the english common law legal tradition by virtue of colonization and the attendant incidence of reception of english law through the process of legal transplant. The legal status and politics of shariah in nigeria. Consequently, the common man on the nigerian street can understand hisher obligations, duties and civil rights even. 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. Proceedings of icic2015 international conference on empowering islamic civilization in the 21st century eisbn. It coherently combine ethical norms of virtue and vice, good and evil, and represents the standard of judgement for all human actions.
Following the amalgamation of the northern and southern protectorates in 1914 by the british colonial administration, the entity nigeria came into being. These critics project islamic law as an old and harsh legal system, which should be put aside and replaced by western common law, which the majority of. Submission to a nonmuslim political authority challenged the emirs legitimacy, which was closely linked to application of islamic law. A history of the application of islamic law in nigeria request pdf. A good understanding of the nigerian legal system, like the comprehension of law itself, requires knowledge and skill in a number of disciplines. Legal pluralism in nigeria is very complex, taking three distinct forms. The influence of islamic law in the nigerian legal system can be viewed in northern part of nigeria where the sharia law applies. There has been considerable recent media coverage of the implementation of islamic sharia law in the northern states of nigeria. The recent introduction of the full sharia, the islamic legal system, by some. On the other hand, the applicability of customary law depends wholly on circumstance when it is proven in fact not to be against the rules of natural justice and must be judicially noticed. It exists within the federal capital territory of nigeria and is a part of the unified courts system. The penal code, laws of northern states of nigeria, ch. After nigeria gained independence from britain in 1960, marking the end of colonial times for nigeria, ahmadu bello, the premier of the northern region, injected fresh drive into the spread of islam.
While nigeria practiced western education and lifestyles, many pious muslims believed that democracy is purely of western, foreign and secular, and has nothing to do with islamic practice makosa, 2007. A history of the application of islamic law in nigeria. The nigerian legal system has been greatly influenced by english law. Quran and the principles of islamic tradition are especially important parts of this. This paper has critically examined the implementation of islamic law in nigeria today visavis the right to religious freedom of muslims and non study has considered in relatively greater details the islamic law of apostasy implications on. Thus, islamic banking is the banking system which is carried out based on sharia principles and guidelines. This paper therefore examines the origin of islamic banking, islamic financial system in perspective, operations of islamic financial system as well as the challenges and prospects for the. Laws in nigeria are derived from three distinct laws or legal systems. To implement or not to implement, the constitutionality is the question pdf.
Islamic law to include the whole of criminal justice system. Then this essay identifies customary law, islamic law, and english law common law as the three legal traditions in nigeria, and then proceeds to discuss their status and scope, the conflicts between them, and the particular challenges facing the islamic and customary laws in nigeria. In particular, international attention has been drawn to the application of sharia law to criminal offences and the. The legal order is the foundation upon which the peace, order, justice and development of the nation depend. Human rights and islamic law in northern nigeria hrw. In nigeria, the implementation of islamic criminal law has taken place within a. Part one the development and application of sharia in northern nigeria. The legal status and politics of shariah in nigeria introduction shariah in islamic law as known to any student of islam is the ordained legal system by allah for the muslims to enable them enjoy the best of this world and be able to put the mercy of the creator in the life hereafter. Islamic criminal justice system is permutation of islamic trial processes and practices involving pretrial stage, arraignment of the accused person before the court, his trial and conviction or acquittal as the case may be with a set of relevant institutions.
In particular, international attention has been drawn to the application of sharia law to criminal offences and the imposition of sharia sentences such as amputation for theft and death by stoning for adultery or for having sex. According to obilade 1979 english law has a tremendous influence on the nigerian legal system, and english law forms a substantial part of. The english system, having a written constitution, was made dominant and the other laws apply to the extent permitted by it. The main types of religious law are sharia in islam, halakha in judaism, and canon law in some christian groups. Implications for a plural legal system aminu adamu bello. The law of nigeria consists of courts, offences, and various types of laws. However, many aspects of the caliphate structure, including the islamic legal system, were retained and used in the colonial era14.
There are four distinct legal systems in nigeria, which include english law, common law, customary law, and sharia islamic law. Nigeria has a pluralized legal system which is due to the nature and sources of its law. Can a selective imposition of islamic law work in the. However, many aspects of the caliphate structure, including the islamic legal system, were retained and brought forward into the colonial period. The colonial power also abolished the economic system built around the institution of zakat.
With the information below, the reader will understand how the legal system in nigeria works in laymans terms. Sharia law in nigeria journal of islamic studies and culture. In the case of nigeria, islamic sects have vowed with their life to islamize the whole nation, believing it is in accordance with what has been written in the quran, forgetting that nigeria is a secular state and full implementation of islamic jurisprudence in nonmuslim state would be a civic violation of the constitutional and natural law 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. Read all the latest news, breaking stories, top headlines, opinion, pictures and videos about islamic legal system from nigeria and the world on today. Sources of law in civil, common and islamic legal systems. The exact period that yoruba land came in contact with islam is still unknown, but. Recognized as a federal court of appeals under the government of nigeria, the sharia court of appeals is the most controversial of the judicial system. Religious and customary laws in nigeria law in action. The islamists see democracy as a system that was imposed. It follows therefore that islamic criminal justice system involves the. The relation between international law, islamic law and. As will be demonstrated, the latter establishes a kind of multilayer system between islamic law, domestic law and international law.
The first section will provide a short overview of the islamic legal. Aside the tribalethnic diversity in each of these regions, there is also the religious diversity. Dec 07, 2019 however, a detailed legal system generally requires human elaboration. If a judge gives a judgment using his best judgment and is correct, then he receives a double reward from god.