Jurisdictional Challenges of the Shari‛Ah Courts: A Comparative Evaluation of the Experience in Nigeria And Zanzibar

The Shari‛ah embraces the Muslims total way of life. Muslims are required to judge theiraffairs in accordance with Islamic law. Those who do not judge with what Allah (s.w.t.) Hasrevealed are not seen as a true believer in the sight of Allah (s.w.t.). Thus, submitting affairsto be judged in accordance with the Shari‛ah is fundamental to the Muslims’ right to reallypractice their religion. To achieve this, sound institutions like the Shari‛ah Courts withadequate powers and jurisdictions need to be put in place to ensure that Muslims properlyjudge their affairs in accordance with the Shari‛ah. Despite this, Shari‛ah Courts in Nigeriaand Zanzibar are faced with a number of challenges which prevent them from properly hearingand determining the Shari‛ah matters placed before them. This is notwithstanding the teamingMuslim populations in these countries. One of such challenges is that the Court is notempowered to decide all Shari‛ah matters. Rather, their jurisdictions have been limited toIslamic personal law. This is in addition to the appellate challenges being faced in the twojurisdictions. The paper discusses these jurisdictional challenges in a comparative natureowing to the similar problems in the two jurisdictions. In doing this, constitutional andstatutory provisions are analysed and interviews conducted with some stakeholders are used

The Shari‛ah embraces the Muslims total way of life. Muslims are required to judge their
affairs in accordance with Islamic law. Those who do not judge with what Allah (s.w.t.) Has
revealed are not seen as a true believer in the sight of Allah (s.w.t.). Thus, submitting affairs
to be judged in accordance with the Shari‛ah is fundamental to the Muslims’ right to really
practice their religion. To achieve this, sound institutions like the Shari‛ah Courts with
adequate powers and jurisdictions need to be put in place to ensure that Muslims properly
judge their affairs in accordance with the Shari‛ah. Despite this, Shari‛ah Courts in Nigeria
and Zanzibar are faced with a number of challenges which prevent them from properly hearing
and determining the Shari‛ah matters placed before them. This is notwithstanding the teaming
Muslim populations in these countries. One of such challenges is that the Court is not
empowered to decide all Shari‛ah matters. Rather, their jurisdictions have been limited to
Islamic personal law. This is in addition to the appellate challenges being faced in the two
jurisdictions. The paper discusses these jurisdictional challenges in a comparative nature
owing to the similar problems in the two jurisdictions. In doing this, constitutional and
statutory provisions are analysed and interviews conducted with some stakeholders are used

There are no reviews for this Journal.

0 out of 5 (0 User reviews )

Add a Review

Your Rating *

Name*

Your Review*

Child Right to Education of Internally Displaced Children in North-East Nigeria: The Role Of Government and International Bodies

Author(s): Dr. Alhaji Umar Alkali, Muhammad Bashir Alkali, Dr. Muhammad Musa

Applying Al-Ghazali’s Eight Degrees of Hisbah to Ihtisab On Intoxicants in Kano State of Nigeria

Author(s): Ibrahim Barkindo

Islamic Law Overview of the Operational Work of Credit Cards

Author(s): BINAWA, BUKAR MUSTAPHA

An Assessment of the Definition of Non-interest (Islamic) Financial Institution in Nigeria

Author(s): Dr. Al-Mustapha Sekinat Ibrahim

A Comparative Review of Criminal Justice Models: Islamic vs Secular Perspective

Author(s): Abubakar Bukar Kagu

Oral Testimony in Offences of Zina (Fornication/Adultery) under Maliki School of Thought

Author(s): Muhammad Muntaqa Mahboub

An Appraisal of the Innovations and Impediments Of The Enforcement of Fundamental Rights in Nigeria

Author(s): Dr. Musa Alkali Lawan, Baba Isa Sanda Benisheikh, Yahaya Alhaji Dunoma, Umar Abatcha

Appraisal of the Right of a Child to Education Under Islamic Law: Reflection on Challenges of Almajiri System Of Education in Northern Nigeria

Author(s): Mohammed BabaKano Aliyu, Ibrahim Muhammad Ahmad

Islamic Jus ad Bellum and the Modern Trend in the Use of Force

Author(s): Dr Abdulrashid Lawan Haruna

Islamic Securities and Bonds (Sukuk) For Infrastructural Development in Nigeria: A Comparative Study of Legal and Institutional Frameworks

Author(s): Ali Abdulkadir Waziri P.h.D, Halima Doma Ph.D

About the Journal

About

Editorial Team

Curent issues

Archive

DOWNLOADABLES

Guide for contributors

Authors Response Form

Manuscript review Form

Make a Submission

__________________