The place of Islamic law in the Nigerian legal system
2023
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Advisor: Prof. Dr. Soner Duman
Abstract (EN)
Islamic law occupies a vital status in the Nigerian legal system. Most importantly during pre-colonial era, Islamic law thrived in the norther states of Nigeria. It was well-structured and applied in various aspects of life, including civil, criminal, and personal matters. It was the core law throughout the then Alkali, Emir, and appeal courts. However, the British colonizers later restricted its application to personal law and any other matters that the parties consent to. As such, the constitutions of Nigeria, with its different amendments, maintain this status for Islamic law in the legal system of Nigeria. In 1999, when Nigeria returned back to a democratic system of government, twelve northern states opted to adopt a comprehensive Islamic legal system. This implies a full-fledge legal pluralism which has been met with a stern objection from different quarters in the country. The purpose of this research is to evaluate the place of Islamic law in the Nigerian legal system. In line with this purpose, the objectives are to examine the consequences of the application of Islamic law in a secular state like Nigeria and to reveal the quality of the application of Islamic law in Nigeria by examining selected cases that were ultimately decided in Islamic courts. In our research, descriptive method and analytical method were mainly adopted. The data collection process included gathering information from printed materials, and electronic sources. Our study reveals that implementation of Islamic law in some states in Nigeria is not responsible for security challenges in those states. Likewise, it has been concluded that legal pluralism, which is a colonial legacy, also creates significant difficulties.
Author
Dr. Daud Salman
How to Cite
Daud Salman (Doctorate thesis). The place of Islamic law in the Nigerian legal system, 2023, Sakarya University.
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