Abdulfatah kola makinde is a lecturer in the department of religious studies, obafemi awolowo university, ileife, osun state. D school of arts and social sciences,national open university of nigeria,lagos. 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. Hence sharia covers not only religious rituals, but many aspects of dayto day life, politics, economics, banking, business or contract law, and social issues.
The american banking system is becoming islamicized with sharia financing. But salafists like boko haram founder mohammed yusuf considered this to be only halfsharia, because the framework was not imposed throughout the entire country and traditional islamic leaders still mixed. The independent sharia panel of lagos state abdulfatah kola makinde, philip ostien. The sharia, is essentially a believers law in the sense that it is primarily binding on those who believe in it. Overall, this paper concludes that muslim organisations have superior influence, have significantly marginalised nonmuslims and have focused on sharia law policy, thus enabling an analysis of the relationship between religion and politics in nigeria. He is also a member of the independent sharia panel of osun state. Human rights and islamic law in northern nigeria hrw. Sharia, family, and democracy in nigeria and beyond 08. Then the newly introduced sharia codes and their introduction will be analysed on the basis of the relevant legal texts for a list of the. Saint group pso language and culture islamic law sharia and fiqh sharia arabic. Republic of nigeria generally, to create a pure islamic state ruled by sharia law.
The primary aim of this essay is to describe the lagos isp itself. The principal requirements of valid islamic law marriage are. This website archives the discussion that emerged through the project blog, a symposium law. Islamic law assigns rights and duties to both the husband and the wife. Although marriage under islamic law possesses most of the features of customary law marriage already discussed, it is necessary to consider, that system separately. It also examines the pluralistic nature of nigeria in terms of ethnicity. 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. By leo igwe today, criticizing islam has become a dangerous undertaking even when such criticisms are warranted. Introduction this piece explores how the regional and political stakes involved in the expansion of islamic law sharia, in violation of nigerias 1999 constitution, has provoked considerable turmoil and social disorder in northern nigeria. Sharia law in nigeria journal of islamic studies and culture. We use cookies to help provide and enhance our service and tailor content. Then the newly introduced sharia codes and their introduction will be analysed.
Under this law, the application of sharia h law in zamfara state was extended. Sharia is the arabic word for islamic law, also known as the law of allah. Pdf sharia and national law in nigeria researchgate. Muslim organisation and the mobilisations for sharia law in. Human rights and shariah justice in nigeria nigerian law guru. Introduction this piece explores how the regional and political stakes involved in the expansion of islamic law sharia, in violation of nigerias 1999 constitution, has provoked considerable turmoil. Overall, this paper concludes that muslim organisations have superior influence, have significantly marginalised nonmuslims and have focused on sharia law policy, thus enabling an analysis of the relationship between religion and politics in.
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. Under this law, the application of shariah law in zamfara state was extended. Pdf the population of lagos state of nigeria is upwards of ten million. More importantly, you will know the basis of sharia. Penal new interchange book 1 pdf code with provisions of sharia criminal law, and. 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. Throughout this and other chapters i emphasize that. Tell me where i can be safe the impact of nigerias same sex marriage prohibition act. The introduction of sharia law in nigeria and the nigerian. Part one the development and application of sharia in northern nigeria. The constitution of nigeria is the supreme law of the country. The sharia penal code law spcl adopted by twelve states since 1999. Sharia law sharia law is the body of islamic rules and teachings that governs muslims relationships.
In 2002, muslim activists in lagos state took it upon themselves to set up what amounts to a private arbitration tribunal. Contextually, the introduction of sharia law in nigeria visavis the nigerian constitution. 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. Sharia courts can order amputations, and a few have been carried out.
Promoting womens rights through sharia in northern nigeria 4 abbreviations glossary abu ahmadu bello university adr alternative dispute resolution cils centre for islamic legal studies dfid department for international development fgn federal government of nigeria hiv aids human immunodeficiency virusacquired immune deficiency syndrome. Dec 24, 20 sharia implementation in northern nigeria. Fodios justification for the war was on the grounds. The law, as we understand the word in the west, meaning the rules that regulate relations among people, is an integral part of sharia. Boko haram vows to fight until nigeria establishes sharia law. 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. Aside from igniting lethal sectarian violence, the extension of sharia has spawned continued debate regarding the constitutionality of sharia implementation in northern nigeria. Nigeria has its own constitution which was established on 29 may 1999. This essay discusses the religious law and customary law paradigms in the context of the nigerian legal system. Muslim organisation and the mobilisations for sharia law. The law of nigeria consists of courts, offences, and various types of laws. From there we move through colonialism and its aftermath into the new sharia era introduced by governor sani of zamfara state.
Religious and customary laws in nigeria emory law emory. Until 1999, islamic law applied primarily to civil matters, but twelve of nigerias thirtysix states have since extended sharia to criminal matters. Sharia penal law in nigeria attracted international attention. 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. During the year citizens elected president muhammadu buhari of the all peoples congress apc party to a four year term in the first successful.
At the end of the colonial phase, the application of sharia in the north was total, extending. The british indirect rule system of government permitted muslim laws to govern in areas. There are four distinct legal systems in nigeria, which include english law, common law, customary law, and sharia law. Apr 16, 2015 aside from igniting lethal sectarian violence, the extension of sharia has spawned continued debate regarding the constitutionality of sharia implementation in northern nigeria. Two types of consent are involved hereconsent of the parties and parental consent. Debates surrounding the specific definition of sharia law, as well as its role in the state, continue to influence legal and political discourse in egypt. 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. Since 2000, at least 10 people have been sentenced to death and.
The qur an says women have rights even as they have obligations according to what is equitable qur an, 2. 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. 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. 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. 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. At the outset i emphasize that sani did not introduce anything really new. However, statistics on religious violence across the country reveals that 95% of religious conflicts occurred 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. The islamic law of homicide and hurt also been added with.
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. This 111page report documents human rights violations since sharia was introduced to cover criminal law in 12 northern states. Islam classically draws no distinction between religious, and secular life. The twelve sharia states are zamfara, bauchi, borno, gombe, jigawa, kaduna, kano, katsina, kebbi, niger, sokoto and yobe. Hence sharia covers not only religious rituals, but many aspects of. Universities are asked to provide sexually segregated swimming. Implications for national security ushe mike ushe, ph. The development and application of sharia in northern nigeria. To implement or not to implement, the constitutionality is the question vincent o. Sharia law sharia law is the body of islamic rules and teachings that governs muslims relationships with their families, society, and nation. Pdf the relations between sharia and national law in nigeria have varied widely from time to time and from place to. Sharia, family, and democracy in nigeria and beyond 082820.
Of nigeria while the penal code is applicable in the northern states of nigeria. The legal system of nigeria is a hybrid of english common and statutory law, customary law, and islamic law shariah since 1999, shariah penal codes and criminal procedure codes were reintroduced in 12 northern states this report examines the implementation of shariah penal and criminal procedure codes in three of these states. Human rights concerns in the context of sharia in northern nigeria 12 state governments apply sharia law as part of their criminal justice systems, which include sentences such as the death penalty, amputations, and floggings that amount to cruel, inhuman, and degrading punishment. Revised2006 islaamic sharia law for the new global world those rulers, politicians or other persons having authority, who dont take any interest on establishing islaamic sharia law, based on quraan and authentic sunnah may actually not be believers in the view of allah. Nigeria is africas most populous country, with as many as million people.
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. 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 then zamfara state governor ahmad sani yerima began the push for the institution of sharia at the state level of government. 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. Abstract the persistent religious conflicts and insecurity in nigeria has given meaningful nigerians.
Nigeria 2015 human rights report executive summary nigeria is a federal republic composed of 36 states and the federal capital territory fct. 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. The banking system is becoming sharia compliant in financial law, but is ignorant about the totality of sharia law. By then clicking on the links marked pdf format, the indicated parts of the volumes can be accessed in full text. In 2003, the national assembly passed the federal child act 2003, but this is in force only in the federal capital territory of abuja and in states which have explicitly enacted it. Borno, gombe and yobe have not yet begun to apply their sharia penal codes. 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.
In order to do so, a brief outline is given of islamic criminal law and its application in northern nigeria until the recent reintroduction of sharia law. Rules of law are rules of sharia, but not all the rules of sharia are rules of law. Philip ostien taught for many years in the faculty of law, university of jos, plateau state. Universities are asked to provide sexually segregated swimming pools and other athletic facilities for muslim women. Muslims in nigeria are predominantly sunni in the maliki school, which is also the governing sharia law. 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. Religious and customary laws in nigeria abdulmumini a.
In 1804 shaikh uthman, a sunni muslim launched a successful holy jihad in presentday northern nigeria. In particular, international attention has been drawn to the application of sharia law to criminal offences and the. It also examines the pluralistic nature of nigeria in terms of ethnicity, religion, and law, and argues that the religious. Matters relating to sharia family law are decided by civil courts. The relations between sharia and national law in nigeria have var ied widely from time. 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. Islamic law in nigeria came to be adversely affected by. However, the words sharia and law are often used interchangeably. The united states institute of peace is an independent. At the end of the colonial phase, the application of. Reflections on the new sharia law in nigeria council on foreign. Islamic sharia is the basis for legislation in oman per article 2 of its constitution, and promulgated as sultani decree 1011996.
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