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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Judicial imbalance in the application of Islamic personal law in Nigeria: making a case for legislative reforms
Author:Yekini, Abubakri O.
Year:2013
Periodical:Journal of African and international law (ISSN 1821-620X)
Volume:6
Issue:2
Pages:391-417
Language:English
Geographic term:Nigeria
Subjects:private law
Islamic law
customary law
courts
Abstract:Islamic law was institutionalized as a legal system in Nigeria in the early part of the nineteenth century. Today, Islamic personal law in particular has been given constitutional recognition and applies to all Muslims in Nigeria. However, in southern Nigeria its application has diminished significantly due to a failure to recognize the difference between personal and territorial law and in some cases a prejudice exists against Islamic law. The situation in southern Nigeria is attributed to the attitude of Muslims in that region who prefer their customary laws and institutions. The author presents a case of the Supreme Court in southern Nigeria in which it states that Islamic law is not in force in any part of the southern part of the country. The author explains the problems regarding the application of Islamic personal law in the south and gives some recommendations regarding a legislative intervention to regulate the application of personal systems of law in Nigeria. He advises that the courts approach Islamic personal law as a personal and not a territorial law. The author also advises Muslims to state expressly in their will that they adhere to Islamic law. An independent Shariah Panel as well as Shariah courts should be set up where Muslims can put their cases to and adjudicate on questions of Islamic personal law. Notes, ref. [ASC Leiden abstract]
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