A survey of sharia criminal law, commissioned by the european commission, and to provide analysis of the reislamification of the northern. Jaiz bank is the single sharia compliant bank in nigeria with 26 branches. The cia estimates over 50% of the population is muslim while the bbc estimated in 2007 that slightly over 50% of the population is muslim. Pdf sharia and national law in nigeria researchgate. On january 7, 2014, nigerias former president, goodluck jonathan, signed the samesex marriage prohibition bill ssmpa into law. Salafi blogs have also appeared in recent years, featuring audio and video of salafi preaching, original blog entries and fatwas, biographies of salafi shaykhs, and. Nigeria has one of the largest muslim populations in west africa.
During the year citizens elected president muhammadu buhari of the all peoples congress apc party to a four year term in the first successful. Nigeria today has a population of 2 million people. Sharia, family, and democracy in nigeria and beyond 082820. Abdulfatah kola makinde is a lecturer in the department of religious studies, obafemi awolowo university, ileife, osun state. Philip ostien taught for many years in the faculty of law, university of jos, plateau state. Shehu usman dan fodio established a government in northern nigeria based on. The development and application of sharia in northern. 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. Abstract the persistent religious conflicts and insecurity in nigeria has given meaningful nigerians.
The introduction of sharia law in nigeria and the nigerian. 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. Nigeria, zamfara, kano, islamic criminal law, islamic penal law, sharia. The making of the zamfara and kano state sharia penal. The movement is unique in that it combines a sectarian, radical islamic agenda with violence. Muslims were seeking to satisfy requirements for an islamic state for nigeria, which was the end of a long process. From there we move through colonialism and its aftermath into the new sharia era introduced by governor sani of zamfara state. 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. Sharia implementation in northern nigeria 19992006. Prior to this they were able to enshrine the sharia into the nigerian constitution in 1979.
Contextually, the introduction of sharia law in nigeria visavis the nigerian constitution. Department of political science, university of ibadan, nigeria. Brief overview of new shariah laws in the 12 northern states. However, statistics on religious violence across the country. This study examines the relationship between the sharia law, identity and conflict in nigeria. Nigeria was between 1980 and 2000 with a series of attacks occurred. The sharia controversy in northern nigeria and the politics of. The basic emphasis in islam is on creating a society based on justice and equity. Generally, sharia refers to variable, but identifiable and generally agreed principles of. Implications for national security ushe mike ushe, ph. Click download or read online button to shariaimplementationinnigeria book pdf for free now. The team of research consultants has relevant expertise in islamic law, human rights and sociology.
Introduction right from the amalgamation of nigeria till today, one of the challenges that has confronted the country has been how to. Salafism in northern nigeria beyond boko haram council. 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. Part one the development and application of sharia in northern nigeria. Northern nigeria, and evaluates them according to sharia. Sharia law in nigeria since the end of military dictatorial rule in 1999, more than 18,000 nigerians have died in intercommunal, political and sectarian violence. Boko haram, sharia law and the nigerian constitution. 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.
English law in nigeria is derived from the colonial nigeria, while. The research for this report was conducted by the drpc and nrn with the support of the nigeria stability and reconciliation programme nsrp. D school of arts and social sciences,national open university of nigeria,lagos. Sharia, family, and democracy in nigeria and beyond 08. Firstly, by being totally replaced with the comparable provisions of. This means that the sharia court of appeal is responsible for deciding any question of islamic personal law regarding marriage, including the validity or dissolution of a marriage and. It exists within the federal capital territory of nigeria and is a part of the unified courts system. The essay begins with a brief history of the penal law of the northern states of nigeria, from the colonial period up to. In yusufs own words, he believed that sharia law should be established in nigeria, and if possible all over the world, but through dialogue. Nigerias sharia controversy provides a key case for understanding the politics of sharia in new. Sharia consists of muslim legal codes, which spells out dos and donts within any given muslim society. The penal code, laws of northern states of nigeria, ch.
Islamic law in nigeria came to be adversely affected by colonial legislation in two ways. Nigeria 2015 human rights report executive summary nigeria is a federal republic composed of 36 states and the federal capital territory fct. Republic of nigeria generally, to create a pure islamic state ruled by sharia law. By then clicking on the links marked pdf format, the indicated parts of the volumes can be accessed in full text. Sharia music guitar lessons with the greats pdf penal code law 2000, signed into law on 25th november 2000, coming. Understanding the dynamics of sharia in kaduna and kebbi states. Part ii powers of the federal republic of nigeria 4. Since august 2011 boko haram has planted bombs almost weekly in public or in churches in nigerias northeast. The council is composed of president olusegun obasanjo and the governors of all of nigerias 36 states. Sharia law in nigerian constitution history of sharia law in nigeria given the diversity of nigerian population, one cannot be taken by surprise with the fact that some states where the majority is muslim chose to establish sharia law as their primary rule. A veiled muslim woman sits before islamic judge nuhu mohammed dumi during a court trial over a matrimonial dispute at unguwar alkali upper sharia court in bauchi, northern nigeria, on january 27, 2014. The introduction of sharia law in nigeria and the nigerian constitution. 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.
Religion in nigeria wikimili, the best wikipedia reader. The relations between sharia and national law in nigeria have var ied widely from time. Nigerias national council of states voted to suspend the adoption of islamic law sharia in northern nigeria. The legal system in nigeria is a mix of islamic law, english common law and customarynative law. Nigeria has its own constitution which was established on 29 may 1999. Why should the ideological islamic legal principles of. The drafting and enactment of these codes is seen as a significant accomplishment for the muslims of nigerias sharia states, with the larger problem of serious enforcement still remaining. Harmonised sharia penal code to penal code of 1960 pdf format sections of the penal code of 1960 omitted in the harmonised sharia penal code pdf format sections of the harmonised sharia penal code omitted in the penal code of 1960 pdf format chapter 5. The issue of sharia and its implementation has remained a topical one in nigeria in recent times. However, there is a significant shia minority, primarily in kaduna, kano, katsina, osun, ilorin and sokoto states see. Download shariaimplementationinnigeria ebook pdf or read online books in pdf, epub, and mobi format. Three consultations with various stakeholders by means of workshops constituted the second stage. Throughout this and other chapters i emphasize that.
The law of nigeria consists of courts, offences, and various types of laws. Then the newly introduced sharia codes and their introduction will be analysed. It is crucial for islamic bank jaiz bank to fast track. Unfortunately, this is not the case as shown by all the cases so far. Sharia law in the northern states of nigeria johns hopkins. Constitution of the federal republic of nigeria 1999 arrangement of sections chapter i general provisions part i federal republic of nigeria 1. Reflections on the new sharia law in nigeria council on foreign.
The sharia, is essentially a believers law in the sense that it is primarily binding on those who believe in it. The first half of this paper has borrowed from mazruis previous writings on the sharia in africa. The twelve sharia states are zamfara, bauchi, borno, gombe, jigawa, kaduna, kano, katsina, kebbi, niger, sokoto and yobe. Constitution of the federal republic of nigeria 1999. Muslim organisation and the mobilisations for sharia law. It finally aims at looking at the need for a contemporary reformulation of the sharia. Based on philip ostien, ahmed garba, and musa abubakar, 2016, sharia implementation in northern nigeria over 15. This part of the book aims at a brief examination of the development and application of sharia in northern nigeria from the 19th century to the colonial period, the impediments to its application, and the issues in sharia debate from 197778 to 2001. Muslims in nigeria are predominantly sunnis of the maliki school of thought. Borno, gombe and yobe have not yet begun to apply their sharia penal codes.
There are four distinct legal systems in nigeria, which include english law, common law, customary law, and sharia law. This action is sensitively viewed as ahidden coup detat agenda in light of the rapid movement of the sharia law in virtually all northern muslim states in the nation. The independent sharia panel of lagos state abdulfatah kola makinde, philip ostien. This islamist group from northeastern nigeria has killed at least 3,500 people since 2009 when it first launched its islamic insurgency to wrest power from the nigerian government and create an islamic state under the supreme law of sharia. Based on philip ostien, ahmed garba, and musa abubakar, 2016, sharia implementation in northern nigeria over 15 years. Challenges and prospects amanambu, uchenna ebony phd methodist church nigeria, umuobiala, isuikwuato l. Punishments include zaria, northern nigeria amputation, flogging, or death by stoning, oftentimes after. Research and data collection for this report were carried out with the support. This development is studied within the context of kaduna and kebbi states. In the sharia northern states, the sharia laws apply only to muslims who are tried in. 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.
In nigerias constitution, the sharia judiciary system presides over marriages at subnational levels, particularly in northern states of nigeria. Reflections on the new sharia law in nigeria prepared in cooperation with. At the outset i emphasize that sani did not introduce anything really new. Nigeria has the largest muslim population in west africa. 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. He is also a member of the independent sharia panel of osun state. Womens equal right to due process is particularly affected, as well as fairness under the law. Sharia penal law in nigeria attracted international attention. The constitution of nigeria is the supreme law of the country. In 2003, the national assembly passed the federal child act 2003, but this is in force only in the federal. It coherently combine ethical norms of virtue and vice, good and evil, and represents the standard of judgement for all human actions.
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