The law of zina in Northern Nigeria : a comparative study of shari`ah, Northern Nigeria penal code and some muslim countries

Abstract

This research examines the new application of the Shari`ah legal system in some states of Northern Nigeria. It seeks to determine whether or not the new application complies with the Shari`ah. A brief history of the Shari`ah in Northern Nigeria from the pre-colonial era till the year 1999/2000 is included. This includes the anti-Shariah movement in Northern Nigeria led by the British colonialists. It also includes the suppression of Arabic Education in Nigeria, and the cessation of Islamic Criminal Law in Northern Nigeria by the British colonizers. This account of history is concluded by explaining the way Shari`ah application was restored in states of Northern Nigeria. The research highlights the situation that opened the avenues of change for those states which led to the success of Shari`ah in achieving its objectives in the society. It compares the Northern Nigeria Penal Code (introduced to Northern Nigeria by British colonizers) with the new codified system of Islamic Criminal law. It also compares the law of zina in three Muslim countries that applied Shari`ah ahead of Northern Nigeria. The Nigerian Constitution was changed several times. An analysis is carried out to determine if the new application by the states complies with the Constitution which was last modified in 1999. The research proves and confirms the constitutionality of Shari`ah which means there is no violation to the 1999 Federal Constitution. This research is confined to the study of the law of zina implemented in Northern Nigeria under what is known as Shari`ah Penal Code. The rest of the hudud offences are not examined in this research. Since the inception of Shari`ah application in some states of Northern Nigeria in 1999/2000, the Shari`ah courts have received numerous cases related to the offence of zina. A thorough reading of the two most controversial cases of Amina Lawal and Safiyatu Hussaini decided by the Shari`ah courts in Northern Nigeria is made. The research analyzes whether or not the decisions of the court are in accordance with the Shari`ah law. All these are followed with recommendations by the researcher on how to improve the new application of Shari`ah especially in the area of court procedures. One of the recommendations is that the DNA test should be used by the Shari`ah courts in Northern Nigeria. This helps in reaching the truth with an acceptable degree of certainty especially in the cases of zina presented before the courts. The research is titled “The Law of Zina in Northern Nigeria: A comparative study of Shari`ah, Northern Nigeria Penal Code and some Muslim Countries.”