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International Journal of
Law
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VOL. 9, ISSUE 2 (2023)
Islamic law and application: The severest intrusion to citizens’ rights in Nigeria
Authors
Eleonu James
Abstract
The purpose of this paper is to define the proper place of Islamic Jurisprudence and its application in Nigerian Legal environment. It must be noted herein that Islam has influence in legal matters in the Northern parts of Nigeria only. It is virtually unknown in the legal life: of the South. It is rather surprising that Moslems in the other regions do not consider themselves bound by the provisions of Islamic Jurisprudence in their general secular lives, whereas their Northern brothers and sisters have accepted the application of Islamic law without much questioning in family and property matters even when such law is at variance with their customary practices. This raises a very interesting and serious issue of finding the reason for these differences in approach to Islamic law. The most tempting reason(s) for this contrasting attitude may be deemed to lie in the relative strength of Moslem populations in the two zones; that is North and South [1]. However, the problem goes much deeper than that. A closer examination will show that the matter cannot be explained only in the terms of the relative religious beliefs of the members of the various peoples of the different regions. There must also be taken into account the religious belief of the political leader of each local community, wherever such a leader exists [2]. Where the leading political authority was a strong adherent of Islam, he found it necessary to enforce the rules of Islam in the secular affairs not only of himself but also of his subjects. This work adopted doctrinal approach /or method and recommended that Islamic law should be applicable in Nigeria only and if the parties have selected Islamic law to bind them in a particular transaction or when the matter in question in is known to no other law but Islamic law
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Pages:117-122
How to cite this article:
Eleonu James "Islamic law and application: The severest intrusion to citizens’ rights in Nigeria". International Journal of Law, Vol 9, Issue 2, 2023, Pages 117-122
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