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Tuesday, August 4, 2020 | History

2 edition of Nigerian draft constitution of 1976 and the Shariah provisions of family law found in the catalog.

Nigerian draft constitution of 1976 and the Shariah provisions of family law

Rabiatu Ammah

Nigerian draft constitution of 1976 and the Shariah provisions of family law

by Rabiatu Ammah

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Published by University of Birmingham in Birmingham .
Written in English


Edition Notes

Thesis (M.A.) - University of Birmingham, Dept of Theology.

Statementby Rabiatu Ammah.
ID Numbers
Open LibraryOL13826919M

of Nigeria in terms of ethnicity, religion, and law, and argues that the religious law paradigm is problematic for the discussion of laws at the global level generally and within the Nigerian . Abstract. This article assesses the compatibility of the Sharia and Islamic family laws with international human rights law. As a subject of enormous complexity and variation, detailed examination is restricted to two of the highly contentious subjects of Islamic family laws – polygamy and the Talaq (unilateral divorce given by the husband) within Islam.

Constitutional Law in Nigeria Vol. 1 by Kehinde Mowoe. This study provides history and analysis of constitution making in Nigeria. It demonstrates that the history can be divided into periods of non-participation, and then gradual participation of Nigerians in the making of their constitution. A Case Book on Law the of Evidence in Nigeria. It set up a Constitution Drafting Committee which wrote a draft Constitution. The federal government then presented the draft for public debate by setting up a Constituent Assembly which drew representatives from across the country. it is clear to the observer of the situation in Nigeria that the clamour for Sharia law in Nigeria is merely.

(1) Subject to the provisions of this Constitution, the Court of Appeal shall, to the exclusion of any other court of law in Nigeria, have original jurisdiction to hear and determine any question as to whether: (a) any person has been validly elected to the office of President or vice-president under this Constitution. sharia law as the Nigerian official law knowing that the federal constitution promulgated into law because the heterogeneous nature of Nigeria has no provision for parallel religious and sectional laws. III. THEORETICAL FRAMEWORK The Bentham's and Blackstorian theories are adopted in this study. For instance, Bentham theory is consistent with.


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Nigerian draft constitution of 1976 and the Shariah provisions of family law by Rabiatu Ammah Download PDF EPUB FB2

Nigerian constitution and sharia law Unfortunately, there is no peace between those demanding this type of law applied and those opposing it. In fact, the Nigerian history is packed with riots and protests against sharia implementation on the level of the state.

Fundamentals of Nigerian Law edited by M. Ayo Ajomo Lagos: Nigerian Institute of Advanced Legal Studies, Jaja, T.C., Access to Justice In Sharia Courts (Sokoto, Nigeria. Buhari’s and statements mirror the legal controversy that is rooted in the conflict between the secularism provision of the federal Constitution of Nigeria and a number of state laws and practices that allow for the application of the Sharia beyond the sphere of personal laws.

The status of Sharia. Boko Haram, Sharia Law and the Nigerian Constitution: An Unholy Alliance. Introduction This piece explores how the regional and political stakes involved in the expansion of Islamic law (Sharia), in violation of Nigeria’s Constitution, has provoked considerable turmoil and social disorder in northern Nigeria.

sharia law is not only unconstitutional but is a direct violation of the laws of the federal republic of Nigeria.

The FG should give those northern states an ultimatum, repeal sharia law or we will cut off govt. funding and basic amenities to your states. SHARIA AND THE NIGERIAN CONSTITUTION By Dr, Chris Wigwe* INTRODUCTION For some time now, there have been the debates in Nigerian about the.

It is with utmost dismay and disgust, I follow events (killings and burning of properties) surrounding the intention of some Northern States to introduce or shall I say adopt the so-called Sharia Law as State laws in Nigeria.

Let me begin this paper by quoting the pre-amble that defines the spirit of the Nigerian constitution “We the people of the Federal Republic of Nigeria, having firmly. The draft constitution, including provisions for a Federal Sharia Court of Appeal, was published in September It touched off Nigeria's first great nation wide public debate about shari'a[8].The outcome was the elimination of the provisions for a Federal Sharia Court of Appeal from the new constitution.

Constitution of the Federal Republic of Nigeria Arrangement of sections Chapter I General Provisions Part I Federal Republic of Nigeria 1.

Supremacy of constitution. 2 The Federal Republic of Nigeria. 3 States of the Federation and the Federal Capital Territory, Abuja. Part II Powers of the Federal Republic of Nigeria 4. Legislative powers. The Law of Nigeria consists of courts, offences, and various types of laws.

Nigeria has its own constitution which was established on 29 May The Constitution of Nigeria is the supreme law of the country. There are four distinct legal systems in Nigeria, which include English law, Common law, Customary law, and Sharia h law in Nigeria is derived from the colonial Nigeria, while.

Get Textbooks on Google Play. Rent and save from the world's largest eBookstore. Read, highlight, and take notes, across web, tablet, and phone. The Supreme Court also affirmed the subordination of Sharia'h law to the Constitution and its circumscription to Islamic personal law. This was in the case of U sman v.

Kareem. 7 The Constitution substantially copied the provisions of the Constitution limiting the application of Sharia'h law to Islamic personal law.

Matters relating to sharia family law are decided by civil courts. Oman. Islamic Sharia is the basis for legislation in Oman per Article 2 of its Constitution, and promulgated as Sultani Decree / The Personal Statute (Family) Law issued by Royal Decree 97/32 codified provisions of Sharia.

This law has been adopted by 24 states including Lagos, Enugu, Plateau, and Rivers states. Most of the states in the northern part of the country are yet to adopt it. The law sets out provisions on the welfare and adoption of children.

InLagos State enacted the Family Law Rules pursuant to the Child's Rights Law. The rising number of people sentenced to death by Shari'ah Courts under the Sharia Law has once again brought to the fore the challenges of the fundamental legality of death penalty under Sharia. the above provisions of the Oyo State Law.

The advent of the Constitution of the Federation of Nigeria popularly called the Independence Constitution changed this position because in section 5 of that Constitution the three regions that made up Nigeria then were given powers to enact their own constitutions.

In furtherance of that provision. The most alarming part of the constitution for women's rights follows in another provision in Article 2: "No law that contradicts the established provisions of Islam may be established.".

A Sharia court in northern sy of Open Doors. The situation. Nigeria’s National Assembly is considering a change to the country’s constitution that would expand the scope of jurisdiction of the country’s Islamic Sharia courts of appeal.

Currently, the constitution limits those appellate courts to matters concerning family law. The constitution defined the "Nigerian Citizenship", and outlined constitutionally protected rights of a Nigerian Citizen and person(s) living in Nigeria, with set provisions for acquiring Nigerian citizenship.

It also made provision for constitution amendment, while allowing nominations as a. He traces the history and schools of Sharia law, and the sources of common law in Nigeria, and its comparative religious and colonial foundations.

He further appraises two views of the controversy: namely, whether Sharia law, as a fully-fledged legal system, should be reflected in the Nigerian constitution - or not, given its contentious Author: B Balewa.

Islaamic Sharia Law, based on Quraan and Authentic Sunnah may actually not be Believers in the view of Allah: If any do fail to judge by (the light of) what Allah hath revealed, they are Unbelievers.

NIGERIA would not have been caught in the widening web of insecurity, corruption, stunted socio-economic and political growth among others, if the Minority Report and Draft Constitution of Sharia Law in the Northern States of Nigeria: To Implement or Not to Implement, the Constitutionality is the Question Vincent O.

Nmehielle* ABSTRACT The recent introduction of the full Sharia, the Islamic legal system, by some Northern states in Nigeria raises a number of constitutional questions and impacts the supremacy of the Nigerian.