Application of the law of al-khamr in Northern Nigeria :an analysis of penal code of Northern Nigeria and shari`ah penal code

Abstract

This study is to examine the issue of application of the law of al-khamr in Northern Nigerian Penal Code and the Shari‘ah Penal Code introduced in the 1999 with a brief history of Shari‘ah in Nigeria from the pre-colonial era to date. The study will also discuss on the issue of the offence of Shurb al-khamr and implementation of Shariah in the year 1999/2000 its justification and problems of implementation under 1999 constitution of the federal republic of Nigeria. The approach used in this research is analytical the materials are obtained and analyzed by putting side by side the references regarding the implementation of the law of al-khamr in the two systems – Shari‘ah law of al-khamr reintroduced in Northern Nigeria and law of al-khamr in the Penal Code of Northern Nigeria. The study revealed that the full implementation of Shari‘ah including its penal aspect was maintained in pre-colonial period especially under the Sokoto caliphate emerged out of the jihad of Sheikh Othman Ibn Fodio. In the colonization period the application of the law of al-khamr was drastically weaken, but with the reintroduction of Shari‘ah in 1999 the implementation of the law of alkhamr has been maintained including the punishment for consumption and dealing in liquor. The study further revealed that the legal problems of the implementation are due to the controversial nature of the constitution of the federal republic of Nigeria, while the social problems of the implementation were due to the ignorance of the people from both the Christians and ignorant Muslims in Nigeria. The study is purposely a contribution academically towards the implementation of Shari‘ah in Nigeria. It will, in addition, serve as a solution to the problems of implementation of Shariah in Nigeria.