Download printerfriendly pdf file of this report 527 kb. Muslim population and there are muslimmajority states, but muslims are denied application of islamic family law. Judicial practice in islamic family law and its relation to. Challenges and prospects can be understood as the present problems and future reality of making sharia law official.
Sources of islamic law post graduate institute of law. Introduction islam is religion of peace and way of life1, that is while it introduced the amicable way or introduced the rule of law to settle matrimonial disputes and ensure the smooth running of our worldly affairs, and. Islamic law and practice procedure in nigerian courts. Then this essay identifies customary law, islamic law, and english law common law as the three legal.
Islamic law in nigeria mus lims form the majority population in the northern states of n igeria. Pdf print a critique of certain aspects of islamic. The extension of sharia to criminal law in nigeria. There is an official establishment for islamic religious affairs in indonesia. Fiqh roots of islamic law, never be allowed to discontinue. By 1900 british controlled all of presentday nigeria.
Islamic matrimonial dispute settlement practice in nigeria. Most prominent muslim country that falls under this model is indonesia. The religious law of islam is seen as the expression of. The nigerian constitution also establishes the roles of customary law and shariah courts for islamic personal law, family law issues, and other areas as may. The result was an islamic family law that is very similar to the european. This disjunction is a central problem that permeates debates and struggles for an egalitarian family law in muslim contexts.
The concept of reconciliation sulh in islamic family law and matrimonial dispute settlement practice in nigeria olufadi lanre abdul malik faculty of law and shariah, universiti. Although marriage under islamic law possesses most of the features of customary law marriage already discussed, it is necessary to consider, that system separately. Ijtihad, in classical ushul fiqh, is a collective obligation of the muslim community and its scholars to exert themselves in order to find solutions to. This essay looks at local customs as they affect islamic family law, specifically marriage, divorce, child. Nigeria 2018 human rights report executive summary nigeria is a federal republic composed of 36 states and the federal capital territory fct. Religious and customary laws in nigeria law in action. There have been significant devlopments in the evolution of islamic law with respect to the family especially in those countries where the sharia tradition is influential. Nigerian states that have a mixture of muslims and christians. The various customary laws of these different ethnic groups in nigeria make up this category of the customary law. Islamic law and practice procedure in nigerian courts july 1, 2017 books, library the subject of the book is copiously elucidated for the first time with verity of dictas from the reported cases from.
Until 1999, islamic law applied primarily to civil matters, but twelve of nigerias thirtysix states have since extended sharia to criminal matters. It is said that custom is a mirror of the culture of the people. Nigeria is pluralistic in terms of ethnicity, religion, and laws. A slight discussion shall be made regarding the contemporary law in vogue and at the end of. Customary law is the organic or living law of the indigenous people in nigeria, regulating their lives and transactions. Sharia criminal law, islam and democracy in nigeria today, new journal of. On october 25, 2017, professor abdullahi annaim, gave a lecture at emory university titled, dialectic of civil rights and human rights in the law and policy of the usa. After independence, muslim rulers continued trying to apply sharia as law based on the system they were used tothe colonial system. Womens rights in matrimonial jurisprudence under islamic. Islam classically draws no distinction between religious, and secular life. Between legal modernisation and islamic revisionism, muslimmajority states have, in many cases, introduced constitutional repugnancy clauses which guarantee compatibility with islamic principles.
Islamic law generally discourages the use of contraception, extolling the virtues of large families, but there seems to be a trend toward smaller families some social problems such as sexually transmitted. This disjunction is a central problem that permeates debates and struggles for an egalitarian family law in muslim. Child custody in classical islamic law and laws of. Sharia law reports of nigeria download ebook pdf, epub. Islamic law advances in nigeria world news the guardian. The nonmuslim laws are referred to as the indigenous laws and these laws are derived from the various ethnic groups in nigeria.
A history of the application of islamic law in nigeria. The court belongs to the lowest among the courts in nigeria and nonlegally trained individuals do preside over the court. Sources of islamic law as it is a usual practice in islamic law to put a specific problem to a jurist so. 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. Muslims in nigeria follow the maliki school which is the basis of the muslim personal status law. This musawah project to map muslim family laws globally was led by zainah. But now the muslims stay away and it is only a matter of time before the caris tavern disappears too. Act 303 islamic family law federal territory act 1984 incorporating latest amendment p. Thus, islamic law now has a dual status in northern nigeria. The relation between international law, islamic law and. Introduction to islamic family law it forms part of a series of manuals and materials including an islamic law bibliography and a glossary of arabic and english terms which have been developed for teaching and learning islamic law. The sharia muslim law on the other hand is equally a part of the customary law. The customary court is responsible for enforcing the ethnic customary laws.
The personal law surely covers, to say the least, questions of islamic marriage. Nigeria does not have codified laws relating to muslim marriages and family relations. First major centralized state in northern nigeria was kanembornu, the occurrence of which belongs to the late 8th century a. All follow islamic law, yet their view of the law varies as. Islamic law to american muslims in boston, or houston is very different than islamic law to religious muslims in egypt, saudi arabia or gaza strip. To the 15th century in nigeria was strengthened islam, it was brought here through the desert tradersmuslims. In the name of allah, most gracious, most merciful islaamic sharia law based on quraan, sunnah and ijtihaad.
Max planck unyb 2009 378 justify breaches of internationally recognised human rights standards by references to islamic law. Yet, as with other aspects of social life, there is great variation in family and marriage patterns across diverse cultures and religions. The nonrecognition of islamic law as a distinct legal tradition and its classification as customary law in nigeria raise problems for islamic law. This research looks or investigates the principles and rules relating to the matrimonial dispute settlement under the shariah and how they are practicing matrimonial dispute settlement sulh in nigerian or. Hence sharia covers not only religious rituals, but many aspects of.
The introduction of sharia law in nigeria and the nigerian. Hence sharia covers not only religious rituals, but many aspects of dayto day life, politics, economics, banking, business or contract law, and social issues. Introduction to islamic family law it forms part of a series of manuals and materials including an islamic law bibliography and a glossary of arabic and english terms which have been developed for teaching. It is regulatory in that it controls the lives and transactions of the community subject to it. Islamic family law federal territory act 303 of 1984. Finding islamic family law islamic family law research. Constitution of the federal republic of nigeria 1999. Islamic family law federal territory act 1984 act 303. Legal system based on english common law, islamic law, and customary law.
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