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Tag: what is islamic law in nigeria

what is islamic law in nigeria

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Sharia law

What is the difference between Nigerian Law and international law?

The Constitution of the Federal Republic of Nigeria 1999 (as amended) is an example of municipal Nigerian law and it applies in Nigeria only. Nigeria is a member of the United Nations, the Commonwealth of Nations, African Union, etc., and as such is bound by international law. International law refers to the law between countries.

What is the supreme law of Nigeria?

The constitution of Nigeria, which was established in1999, is the supreme law of the country and houses all information regarding the Nigerian legal system and the offences and punishments for such offences. Common law which was developed from its post-colonial independence

What are the sources of law in Nigeria?

As stated above, Nigeria has four distinct legal systems which are also the sources of law. The English law is the law of the colonial masters before independence.

What is an example of criminal law in Nigeria?

The Criminal Code Act which is applicable in the Southern part of Nigeria is an example of criminal law. The standard of proof to be used is proof beyond reasonable doubt When dealing with a criminal case; as provided in S.135 Evidence Act 2011. Also, the burden of proof does not shift from the prosecution.

What is the Supreme Court?

Court System: The Supreme Court is the highest federal court, with appellate jurisdiction over the lower federal courts and the highest state courts. Each state has its own judicial system, including Magistrates? or District Courts (first instance in civil and criminal matters) and a High Court (original and appellate jurisdiction). The Constitution also provides that states may establish lower and appellate customary courts having limited civil jurisdiction. The northern states have separate shari?a courts to administer Islamic personal law.

Where are Shari a Law Reports published?

Law/Case Reporting System: Decisions of higher shari?a courts are published in Shari?a Law Reports (Zaria, Nigeria ) and Islamic Law Reports (Katsina, Katsina State); both are published irregularly. Case reporting of higher court decisions are published in All Nigeria Law Reports and Supreme Court Digest. Law reporting is through Official Gazette of the Federal Republic of Nigeria, and State Official Gazettes.

When did Nigeria join the ICESCR?

International Conventions (with Relevant Reservations): Nigeria acceded to the ICCPR and ICESCR in 1993, without reservations.

What is the Matrimonial Causes Act 1970?

In terms of child custody, the Matrimonial Causes Act 1970 is applicable to custody suits arising out of the dissolution of civil, customary and Islamic marriages; in all custody matters, the Act directs that the interests of the child shall be paramount. ?

When was Lagos annexed?

Lagos was annexed by Britain in 1861. The Oil Rivers Protectorate was established by treaties with Yoruba rulers. By 1900 the British controlled all of present-day Nigeria. Due to the system of indirect rule, traditional authorities retained powers over their communities. The British introduced a statutory monogamous marriage regime with 1914 Marriage Act.

Who led the Sokoto Jihad?

The Muslim Fulani Usman dan Fodio led a jihad (Fulani Jihad or Sokoto Jihad) against the Hausa aristocracy in the Kingdom of Gobir in northern Nigeria in the early 19th century, establishing a new empire with its capital at Sokoto under which an elaborate shari?a court structure developed. The British adapted Emirs? Judicial Councils from the existing judicial structures in northern Nigeria; these continued to serve as appellate courts in the emirates until the establishment of the Shari?a Court of Appeal in 1959. Judicial reforms initiated in the late 1960s created grades of alkalis? (qadis?) courts; initially there were four grades and as of reforms in the late 1970s, three grades. The first instance courts established were Area Courts Grades 2 and 1, then the Upper Area Court and the Upper Area Court of Appeal, with the highest state level appellate jurisdiction lying with the Shari?a Court of Appeal in each state.

What is customary law marriage?

Customary law marriage being an institution which create status, must be strictly proved in judicial proceedings To establish that a valid customary law marriage was’contracted, evidence must first be led as to the customary law of marriage ofthe locality concerned and the essentials of such mamage.

What are the by-laws for customary marriage?

The Local Government Laws in most states of the federation authorized local authorities to make by-laws for the registration of customary law marriages within their respective jurisdiction.142 Some of the by-laws do not make registration compulsory nor prescribe any penalty for failure to comply with its requirements.

Why is it important to have a proof of customary law marriage?

The requirement of strict proof of customary law marriage arises from the fact that no ready and reliable record of customary law marriages are kept to which a court called upon to determine the existence of such marriage may rely upon. Unlike statutory marriages, no compulsory and reliable system of registration exists.

What is the law in Borno?

In Borno, the Local Authority (Modification of Bomo Native Law and Custom Relating to Marriage Order) 1971, prohibits contributions and donations in respect of any marriage.

Why is the resulting marriage record of doubtful validity?

Third, where by-laws for registration are in force, the resulting record may be of doubtful validity because the Registrar can only record such particulars of the marriage as are supplied to him.

What are the requirements for Islamic marriage?

The principal requirements of valid Islamic law marriage are: Two types of consent are involved here?consent of the parties and parental consent.

Does the uncontradicted evidence of a party to a marriage suffice to establish the marriage?

This rule does not make the parties to the marriage or persons interested in it incompetent to testify as to the fact of the marriage but deals rather with the insufficiency of the evidence of such witnesses.# Consequently, the Supreme Court held in Agongo v Aseleke and others1*1 that the uncontradicted evidence of a party to a marriage was sufficient to establish the marriage. The rule as discussed in Lawal v Ibunan, therefore, applies only where the evidence is challenged, in which case there is need for additional evidence to prove the marriage.

What is the standard of proof in Nigeria?

Criminal Code Act which is applicable in the Southern part of Nigeria is an example of criminal law. The standard of proof to be used is proof beyond reasonable doubt When dealing with a criminal case; as provided in S.135 Evidence Act 2011. Also, the burden of proof does not shift from the prosecution.

Why is case law considered unwritten law?

Case law, on the other hand, though written down in a documentary format is regarded as unwritten law because it is not enacted by the legislature.

What is the purpose of law?

Simply put law is a system of rules that are created and enforced by man through environmental or social governmental institutions to regulate the behavior of individuals in the society. Laws are made by persons who are given the authority to do so either directly or indirectly by the society. It is a system that regulates and ensures member or a whole community abide by the law of the state. We have different types of law in Nigeria

What is substantive law?

Substantive Law referred to the main body of the law dealing with a particular area of law i .e. the substantive law relating to Criminal Law includes the Criminal Code Act and the Penal Code Act.

What is the role of the law in the creation of laws?

The law regulates and guides history, economics, and politics of the society in various ways and serves as a mediator of relations between people.

Why is Nigeria’s legal system based on English common law?

The Nigerian Legal System is based on the English Common Law and legal tradition because of colonization and the attendant incidence of reception of English law through the process of legal transplant. The English law plays an important role on the Nigerian legal system, and it forms a formidable part of Nigerian law. The English Common Law is provided for in Section 45 (1) of the Interpretation Act that, the common law of England and the doctrines of equity and the statutes applied generally which were in force in England on 1st January 1900 are applicable in Nigeria, only in so far as local jurisdiction and circumstances shall permit.

What is civil law?

The civil law refers to the relationship between citizens and provides means for a solution if the right of a citizen is breached or abused. Examples of civil law include the Law of Contract, the Law of Torts, Family Law etc.

What is the difference between unwritten and written law?

Written and Unwritten Law. Written law is the type that has been validly enacted by the legislature of a country while unwritten law is the one that has not been enacted by the legislature of a country. Unwritten law mostly relates to customary law, which originated from traditional practices and customs of the people.

What is domestic law?

Domestic law refers to laws that are only effective in a specific state or country. Nigerian constitution is an example as it applies in Nigeria only. International law, on the other hand, is the law between countries. It regulates the relationship between different independent countries.

What is civil law in Nigeria?

Civil Law and Criminal Law. Civil Law bothers on the relationship between citizens and has provision for the fundamental rights of the citizens of the country. You can find the fundamental rights you possess as a citizen of Nigeria under civil law. It also protects such rights against abuse and infringement.

What is the Islamic law?

Sharia law or Islamic law is the religious law derived from the religious precepts of Islam. This law is only applicable to the Northern part of Nigeria but has its place in the constitution.

What is the English law?

English Law. The English law is the law of the colonial masters before independence. As of the colonial era, laws that were in operation in England were applicable in Nigeria and even after independence, the English law was still integrated into the Nigerian legal system and constitution.

How has Nigeria improved its human rights?

In the area of the protection of human rights, Nigeria has made remarkable improvements through the amendment of its constitution. However, the country still has more work to do to ensure that the fundamental human rights of its citizens are protected.

What is the primary lawmaking body in Nigeria?

The National Assembly is the primary lawmaking body in Nigeria. This is because Nigeria operates a bicameral legislature which means that the legislative responsibility of the country is shared between 2 separate assemblies – the House of Representatives and the Senate.

FULL LIST OF STATES PRACTICING SHARIA LAW IN NIGERIA

What are the Nigerian states where Sharia law applies? There are twelve (12) northern states that adopted Islamic/Sharia law as their primary mode of criminal justice in Nigeria. These states include:

THE LEGAL NATURE OF SHARIA COURTS IN NIGERIA

Sharia’s application in modern, secular nations has sparked debate worldwide between fundamentalist traditionalists and progressives as to its legality in the country. Some claim that the Sharia, practiced in the northern region of Nigeria, runs counter to the country’s constitution as regards to religious freedom.

CONTROVERSIES

The introduction of Sharia law has been criticized by some as violating Nigeria’s constitution stipulating for religious tolerance, according to which no religion is favoured or preferred above one another. There have been numerous revolts over the enforcement of Sharia, particularly in non-Muslim minorities living in states that implemented it.

CONCLUSION

Sharia law is a controversial topic in Nigeria, with 12 different northern states choosing to adopt different versions of the law. While some see it as a way to bring order to society, others see it as oppressive and limiting for women and minorities.