The judicial machinery for administration of Islamic law in Northern Nigeria with particular reference to Kwara and Kaduna States

Abstract

This study examines the judicial machinery (courts and judges) in the administration of Islamic Law in Northern Nigeria. Although there are Islamic courts (Area Courts, Sharia Courts, and the Sharia Court of Appeal) in Northern Nigeria, common law courts play a dominant role in the administration of Islamic law. The study adopts both library and field research in obtaining data to support the argument. Primary sources including the past and present Nigerian Constitutions, statutes, case law and official records are heavily relied upon in providing legal framework. Additional supporting data was obtained through unstructured interviews and through direct observation of the courts in session. The study establishes many discrepancies in the administration of Islamic law in Northern Nigeria due to many factors largely attributed to interference by the civil courts in Islamic law matters and lack of expertise in Islamic law. This is evident that successive legislative attempts to exclude the jurisdiction of the High Court in Islamic law matters and to confer exclusive jurisdiction these matters on the Sharia Court of Appeal have failed. Appeals from the High Court and the Sharia Court of Appeal go to the Court of Appeal and finally end at the Supreme Court. The study also reveals that statutory rules on court practice and procedure that are based on the common law apply to Islamic cases. In many states, lawyers having the combined common law and Islamic law degree are now preferred over graduates of Faculties of Shar??ah for appointment as judges of Area Courts and as Kadis of the Sharia Court of Appeal. The study argues that Islamic law matters should be within the exclusive jurisdiction of Islamic courts operated by judges and lawyers who are learned in Islamic