OF THE OFFICE OF A QᾱDI (JUDGE) IN ISLAMIC LAW AND THE NIGERIAN LEGAL SYSTEM: A CRITIQUE

Administration of justice is the core value of any civilizedsetting or polity. This is often shouldered on judges (qᾱdis).If the administration of justice is primarily and principallythat of a qᾱdi, it follows therefore that provision must bemade for the office of a qᾱdi. As a complete code, Islamiclaw provides for the office of a qᾱdi and interestingly, theNigerian Legal System via the 1999 Constitution of theFederal Republic of Nigeria (as amended) also provides forsame albeit some discrepancies. This paper studies theoffice of a qadi in Islamic law and the Nigerian LegalSystem. This paper proceeds to discuss the qualities of ajudge in Islamic law as well as judicial ethics andetiquettes. This paper finds out that unlike Islamic law, theNigerian legal system is not detailed enough toaccommodate the key qualities of a qadi as enshrined inIslamic law. The paper concludes that the relevantprovisions of the Nigerian legal system be amended toaccommodate the pristine provisions of Islamic law as itaffects the office a judge. The paper adopts doctrinalresearch methods by analyzing the primary and secondarysources of legal research. Interview were also conducted. 

Administration of justice is the core value of any civilized
setting or polity. This is often shouldered on judges (qᾱdis).
If the administration of justice is primarily and principally
that of a qᾱdi, it follows therefore that provision must be
made for the office of a qᾱdi. As a complete code, Islamic
law provides for the office of a qᾱdi and interestingly, the
Nigerian Legal System via the 1999 Constitution of the
Federal Republic of Nigeria (as amended) also provides for
same albeit some discrepancies. This paper studies the
office of a qadi in Islamic law and the Nigerian Legal
System. This paper proceeds to discuss the qualities of a
judge in Islamic law as well as judicial ethics and
etiquettes. This paper finds out that unlike Islamic law, the
Nigerian legal system is not detailed enough to
accommodate the key qualities of a qadi as enshrined in
Islamic law. The paper concludes that the relevant
provisions of the Nigerian legal system be amended to
accommodate the pristine provisions of Islamic law as it
affects the office a judge. The paper adopts doctrinal
research methods by analyzing the primary and secondary
sources of legal research. Interview were also conducted.

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Author(s): Ekhator Atise Johnson PhD , BL, FCNA, FCTI, FCE

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Author(s): Professor Umar S. Abbo Jimeta (new)

Preliminary Pages Volume VIII, No. 1 December, 2023

Author(s): UNIMAID JICOL

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