The Application of The Sharia Law (As Practised In Northern Nigeria) With Respect To Women and Justice
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INTRODUCTION
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| The Paper, presented at Harvard University Divinity School, Cambridge, USA |
The vision of law sometime is a myth, though extraordinarily powerful, but a myth nonetheless. The work of a lawyer and Judicial authorities is commonly understood to consist of searching for codes and laws, the appropriate disposition to solve a case and apply the legal consequences anticipated by the norm to the situation in question.
Generally, most laws owe their origin or root to divine law or the laws divinely ordained by God through various religions. For instance, in Judaism and Christianity we have the Ten (10) Commandments. Also, in Islam there is Sharia, which basically operates to concretize the ideas of Islamic Faith. Universally, all legal systems owe their emergence to these divine laws. Thus, one cannot separate the English Legal System from the Christian faith, while the Sharia cannot be separated from Islam.1
Coming down to the topic of discussion at hand that is, ‘The application of the Shariah Law (as practiced in Northern Nigeria ) with respect to women and justice’, I Intended to divide this paper into the following six (6) parts so as to get a comprehensive insight of the topic:
a) Part 1 - Meaning And Sources Of Shari’ah
b) Part II - A General Overview Of The Application Of Sharia In Nigeria
c) Part III - The Legal Frame-Work Of Application Of Shari’ah In Northern Nigeria Under The 1999 Constitution Of The Federal Republic Of Nigeria
d) Part Iv - The Status And Rights Of Women Under Sharia
e) Part V - The Application Of Shariah And Capital Punishment
a) Part Vi - Challenges On The Application Of Shariah Law As Practiced In Northern Nigeria : A Case Study Of Safiya
PART I
MEANING AND SOURCES OF SHARI’AH
Shari’ah (Islamic law), is a religious set of principles based on the Quran (Islamic holy text), the Sunna (teachings and examples of the Prophet Mohammed S.A.W -Peace be upon him), the Ulama (religious scholars) and the Qiyas (case law).2 The term means "way" or "path.These principles are applicable to public and private behaviour in everyday life. Sharia may be used to guide the acts of an individual or group of individuals in society and may be used to resolve disputes between individuals, group or nations. Shariah deals with all aspects of day-to-day life, including, Politics, economics, banking, business, contracts, family, sexuality, hygiene, social issues and crimes.3
In more practical terms Shariah includes all the do’s and dont’s of Islam (Quran 45:18). It is characterised as a “complete way of life”( religious, cultural, social, political, economical and military)
Before the 19th century, legal theory was considered the domain of the traditional legal schools of thought. Most Sunni Muslims follow Hanafi, Hanbali, Maliki or Shafii, while most Shia Muslims follow the Ja’afari school of thought- and are considered Twelvers.4
Islamic law is now the most widely used religious law, and one of the three most common legal systems of the world alongside common law and civil law. During the Islamic Golden Age, classical Islamic law had a fairly significant influence on the development of common law, and also influenced the development of several civil law institutions.5
It cannot be denied that every system of Law is oriented towards certain purposes which it seeks to implement. Though the Sharia as a matter of principle provides only general principles of law and policy, it nevertheless touches on all aspects of life. Allah says concerning the Quran in chapter 16 verse 89 that:
“We reveal the Book unto you as an exposition of all things and a guidance and a mercy and good tidings for those who have surrendered to Allah”.6
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