Theory Of Court System Under Islamic Law And The Practice In Nigeria
Abstract
Dispute is common in human co-existence. Therefore,
establishment of judicial institution is necessary for every society.
Theories of court system are rules that guide resolution of
disputes in Islamic courts. This paper examines theory of Islamic
Courts and its practice in Nigeria. It adopts doctrinal
methodology in the analysis of the fiqh theories. However,
doctrinal and empirical methodologies were used in examining
the Nigerian regime. The paper observes that Nigerian legal
Theory of Court System under Islamic Law and the Practice in Nigeria
training does not avail one a considerable knowledge in Islamic
law and thus leads to scarcity of talents in the practice and
application of Islamic law in Nigeria. The paper recommends for
review of the Nigerian legal education curriculum and its training
sector. Arabic should be adopted as one of the languages of
instruction in Shari’ah education and training. Training and
retraining of judges of Sharia Courts on Islamic law should be
improved. This can be done by entering into bilateral agreement
with some traditional Ulama and foreign universities.
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