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. |
Contents
The Case Against Sharia | 13 |
The Sources of Common | 29 |
Common Law in Nigeria | 37 |
Copyright | |
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Common terms and phrases
accepted administration Allah appears Area Courts aspects believed British Canon Law Century changes Christian Law Christians and Muslims Church clerics Colonial Common Law compassion conflict Constituent Assembly countries Court of Appeal customary laws decision divine injunctions divine law divorce by husband doctrine Encyclopaedia Britannica England English Law established Europe fact Federal Sharia Court Hadeja High Court History human law human positive Ibrahim Babangida idea Imam Imam Hanbal Imam Malik influence inheritance interest Islamic Law issue judges jurisdiction jurists Kitab Malik Maliki marriage marriage by court moral Muhammad multi-religious society Muslims Native Courts natural justice natural law Nigeria Nigerian Constitution non-Muslim Ordinance philosophy political positive law precepts principles problem Prophet Qadi question Qur'an reason Reformation religion religious Roman Law schools of thought Sharia system social St Aquinas St Augustine Sunnah supremacy Surah system of law Takhayyur theologians theory Yoruba Yoruba Muslim
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 |