Common Law and Sharia in Nigeria: An Unresolved Problem of CoexistenceThis work was written 1989 and published for the first time in 2002. The author's intention is to inform even-handedly, national and international debates about the misunderstandings surrounding the Sharia and common legal systems in Nigeria. Balewa broadly discusses Western and Islamic philosophical backgrounds of law, relationships between law, politics and religion in society, and concepts of secularism and secularity. 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 religious content; and he states the case against Sharia. His conclusion is that in view of the status quo, and the multi-ethnic, mulit-religious nature of Nigerian society, there is a need for understanding of the truths of both systems; and to find appropriate means of ensuring their equality and peaceful co-existence. |
From inside the book
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Page 22
... actions which appear in conflict with the spirit of the constitution are construed as unconstitutional . It is in this light we must examine these two controversial issues in our attempt to understand the theoretical basis of ...
... actions which appear in conflict with the spirit of the constitution are construed as unconstitutional . It is in this light we must examine these two controversial issues in our attempt to understand the theoretical basis of ...
Page 46
... actions must be regulated by human law , then that law must be in accordance with divine law and should not contradict it . St Aquinas stresses the need for divine , positive law in the conduct of human affairs . He insists that the ...
... actions must be regulated by human law , then that law must be in accordance with divine law and should not contradict it . St Aquinas stresses the need for divine , positive law in the conduct of human affairs . He insists that the ...
Page 48
... action that has consequences for his moral perfection is ultimately a matter for the divine law . This necessarily means very little is left for human law to regulate man's actions . This then makes it difficult to determine the role a ...
... action that has consequences for his moral perfection is ultimately a matter for the divine law . This necessarily means very little is left for human law to regulate man's actions . This then makes it difficult to determine the role a ...
Contents
Chapter | 1 |
Law and Religion in Society | 3 |
The Case Against Sharia | 13 |
Copyright | |
13 other sections not shown
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Common terms and phrases
accepted according actions administration Allah answer appears applies Area argued aspects attempt Augustine basis believed British Canon Law central Century changes Christian Church civil clerics Common Law compassion concept Constituent Assembly Constitution countries customary decision desire divine law doctrine early effect England English Law established Europe European evidence example existence fact Federal follows function grounds High History Holy human idea Imam important influence institutions interest interpretation Islamic Law issue Italy judges jurisdiction justice known legal system majority marriage matter moral Muhammad Muslims namely Native Courts natural natural law Nigeria non-Muslim objective operation organization peace philosophy Philosophy of Law political position practical principles problem question Qur'an reason Reformation relations religion religious respective Roman rules schools secular Sharia Court situation social society St Aquinas theologians theory thought understanding Yoruba
References to this book
Democratization and Islamic Law: The Sharia Conflict in Nigeria Johannes Harnischfeger Limited preview - 2008 |
Die Scharia in Nigeria anhand der Texte von Sanusi Lamido Sanusi Barbara Taschner No preview available - 2008 |