A History of the Application of Islamic Law in Nigeria by Yushau Sodiq

By Yushau Sodiq

This paintings analyzes the heritage of the appliance of Islamic legislation (Shari`ah) in Nigeria. It analyzes how Islamic legislations emerged in Nigeria towards the start of the nineteenth century and remained appropriate till the coming of the British Colonial regime in Northern Nigeria in 1903. It sheds gentle on how the legislations survived colonial rule and maintains until eventually today.

Dr. Yushau Sodiq analyzes innovative parts in Islamic legislations over the last centuries. He is going directly to talk about many objections raised by means of the Nigerian Christians opposed to the appliance of Islamic legislation, in addition to how Muslims reply to such feedback. In a global that's usually saturated with Islamophobia and ignorant misconceptions approximately Islam, this ebook goals to elucidate and reply to many vital options and concepts inside of Islamic non secular culture.

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There are many examples of this approach in Islamic legal systems. 50 When Uthman’s followers left their residences to join him, they left all their property behind. This was confiscated by the Habe leaders. When the Muslims won, the original owners wanted their property back. Shaykh Uthman argued that any attempt to get back all that had been lost during the war would open up unending complaints, affect the morale of many followers and incite the non-believers to more violence. This would lead to further distortion of the goals of the Jihad and might even sow the germ of hatred and disunity among the believers.

The penal code might have been a reform based on maslahah (the concept of considering the interests of the public good in enacting a rule of law) had it taken into account the interests of Muslims by drawing its law from the Shari`ah itself. However, as seen above, it was an amalgamation 42 Y. SODIQ of different laws with different purposes to serve different goals. It did not meet the requirements for the application of maslahah. 90 A few days after the Nigerian coup of 1966, he ordered that all cases in all native courts be directed to magistrates’ courts.

He established two courts known as the alkali71 court and the emir court. At the alkali court, judges were assisted by scribes who were knowledgeable in Islamic law. This court had jurisdiction in civil and criminal cases, except for homicide. The second court was the emir court, with members who included the emirs themselves and some counsels. The third stage was the stage of real implementation of Islamic law (1808–1900). That period started with the emergence of Shaykh Uthman Dan Fodio as an Islamic reformer.

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