Shari'ah court and the role of muftīs in the Nigerian judiciary: mission on reviving the lost glory of its past

Shari'ah Court and the Role of Muftīs in the Nigerian Judiciary: Mission on Reviving the Lost Glory of its Past Magaji Chiroma a*, Mahamad Bin Arifinb, Abdul Haseeb Ansaric, Mohammad Asmadi Abdullahd a Ph.D. Candidate, AIKOL, International Islamic University Malaysia; Department of Sharia Law...

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Main Authors:	Chiroma, Magaji, Arifin, Mahamad, Ansari, Abdul Haseeb, Abdullah, Mohamad Asmadi
Format:	Conference or Workshop Item
Language:	English English English English
Published:	2014
Subjects:	KBP Islamic Law
Online Access:	http://irep.iium.edu.my/39412/ http://irep.iium.edu.my/39412/ http://irep.iium.edu.my/39412/1/ABSTRACT_%281%29.pdf http://irep.iium.edu.my/39412/2/ABSTRACT_%282%29.pdf http://irep.iium.edu.my/39412/3/CHAPTER_3-7_Shariah_Court_and_the_Role_of_Mufti_in_the_Nigerian_Judiciary.pdf http://irep.iium.edu.my/39412/6/Programme_%26_Parallel_Sessions_ICLOCJ.pdf

id	iium-39412
recordtype	eprints
spelling	iium-394122018-05-24T05:09:21Z http://irep.iium.edu.my/39412/ Shari'ah court and the role of muftīs in the Nigerian judiciary: mission on reviving the lost glory of its past Chiroma, Magaji Arifin, Mahamad Ansari, Abdul Haseeb Abdullah, Mohamad Asmadi KBP Islamic Law Shari'ah Court and the Role of Muftīs in the Nigerian Judiciary: Mission on Reviving the Lost Glory of its Past Magaji Chiroma a, Mahamad Bin Arifinb, Abdul Haseeb Ansaric, Mohammad Asmadi Abdullahd a Ph.D. Candidate, AIKOL, International Islamic University Malaysia; Department of Sharia Law, Faculty of Law, University of Maiduguri, Nigeria b Department of Islamic Law, AIKOL, International Islamic University Malaysia, Kuala Lumpur, Malaysia c Department of Civil Law, AIKOL, International Islamic University Malaysia, Kuala Lumpur, Malaysia d Department of Islamic Law, AIKOL, International Islamic University Malaysia, Kuala Lumpur, Malaysia Corresponding Author. E-mail: magajichiroma@gmail.com Abstract Islamic institutions in Nigeria have been in existence since the advent of Islam in the country. While courts were established in order to adjudicate between disputant parties, muftis were also used as assessors (as part of the court officials) responsible for assisting the courts in dispensation of Shari‘ah justice. When the colonial administrators came, they introduced their legal system to the colonies, which led to a gradual wipe away of some aspects of the Islamic legal system (including the courts and fatwa institutions). The doctrine of the tripartite tests (i.e the repugnancy test, incompatibility test and public policy test) was injected into the country’s legal system to the extent that the full and hitherto application of Islamic law was modified. Muslims are left only with matters bothering on the civil causes and personal matters. Islamic scholars such as muftis became functus officio in the Shari‘ah Courts. In view of this, the paper looks at the possibility of reviving the past glory of the role of a mufti in the Nigerian judicial system. Thus, it sets out some modalities on how fatwa can be streamlined in achieving this objective. One of such modalities is to institutionalize fatwa in the country. Keywords: Shari„ah Court, Role of a muftī, Nigeria, Judiciary 2014-11-20 Conference or Workshop Item PeerReviewed application/pdf en http://irep.iium.edu.my/39412/1/ABSTRACT_%281%29.pdf application/pdf en http://irep.iium.edu.my/39412/2/ABSTRACT_%282%29.pdf application/pdf en http://irep.iium.edu.my/39412/3/CHAPTER_3-7_Shariah_Court_and_the_Role_of_Mufti_in_the_Nigerian_Judiciary.pdf application/pdf en http://irep.iium.edu.my/39412/6/Programme_%26_Parallel_Sessions_ICLOCJ.pdf Chiroma, Magaji and Arifin, Mahamad and Ansari, Abdul Haseeb and Abdullah, Mohamad Asmadi (2014) Shari'ah court and the role of muftīs in the Nigerian judiciary: mission on reviving the lost glory of its past. In: International Conference on Law, Order and Criminal Justice 2014, 19th - 20th November 2014, Kuala Lumpur. http://www.iium.edu.my/conference/international-conference-law-order-criminal-justice
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English English English English
topic	KBP Islamic Law
spellingShingle	KBP Islamic Law Chiroma, Magaji Arifin, Mahamad Ansari, Abdul Haseeb Abdullah, Mohamad Asmadi Shari'ah court and the role of muftīs in the Nigerian judiciary: mission on reviving the lost glory of its past
description	Shari'ah Court and the Role of Muftīs in the Nigerian Judiciary: Mission on Reviving the Lost Glory of its Past Magaji Chiroma a, Mahamad Bin Arifinb, Abdul Haseeb Ansaric, Mohammad Asmadi Abdullahd a Ph.D. Candidate, AIKOL, International Islamic University Malaysia; Department of Sharia Law, Faculty of Law, University of Maiduguri, Nigeria b Department of Islamic Law, AIKOL, International Islamic University Malaysia, Kuala Lumpur, Malaysia c Department of Civil Law, AIKOL, International Islamic University Malaysia, Kuala Lumpur, Malaysia d Department of Islamic Law, AIKOL, International Islamic University Malaysia, Kuala Lumpur, Malaysia Corresponding Author. E-mail: magajichiroma@gmail.com Abstract Islamic institutions in Nigeria have been in existence since the advent of Islam in the country. While courts were established in order to adjudicate between disputant parties, muftis were also used as assessors (as part of the court officials) responsible for assisting the courts in dispensation of Shari‘ah justice. When the colonial administrators came, they introduced their legal system to the colonies, which led to a gradual wipe away of some aspects of the Islamic legal system (including the courts and fatwa institutions). The doctrine of the tripartite tests (i.e the repugnancy test, incompatibility test and public policy test) was injected into the country’s legal system to the extent that the full and hitherto application of Islamic law was modified. Muslims are left only with matters bothering on the civil causes and personal matters. Islamic scholars such as muftis became functus officio in the Shari‘ah Courts. In view of this, the paper looks at the possibility of reviving the past glory of the role of a mufti in the Nigerian judicial system. Thus, it sets out some modalities on how fatwa can be streamlined in achieving this objective. One of such modalities is to institutionalize fatwa in the country. Keywords: Shari„ah Court, Role of a muftī, Nigeria, Judiciary
format	Conference or Workshop Item
author	Chiroma, Magaji Arifin, Mahamad Ansari, Abdul Haseeb Abdullah, Mohamad Asmadi
author_facet	Chiroma, Magaji Arifin, Mahamad Ansari, Abdul Haseeb Abdullah, Mohamad Asmadi
author_sort	Chiroma, Magaji
title	Shari'ah court and the role of muftīs in the Nigerian judiciary: mission on reviving the lost glory of its past
title_short	Shari'ah court and the role of muftīs in the Nigerian judiciary: mission on reviving the lost glory of its past
title_full	Shari'ah court and the role of muftīs in the Nigerian judiciary: mission on reviving the lost glory of its past
title_fullStr	Shari'ah court and the role of muftīs in the Nigerian judiciary: mission on reviving the lost glory of its past
title_full_unstemmed	Shari'ah court and the role of muftīs in the Nigerian judiciary: mission on reviving the lost glory of its past
title_sort	shari'ah court and the role of muftīs in the nigerian judiciary: mission on reviving the lost glory of its past
publishDate	2014
url	http://irep.iium.edu.my/39412/ http://irep.iium.edu.my/39412/ http://irep.iium.edu.my/39412/1/ABSTRACT_%281%29.pdf http://irep.iium.edu.my/39412/2/ABSTRACT_%282%29.pdf http://irep.iium.edu.my/39412/3/CHAPTER_3-7_Shariah_Court_and_the_Role_of_Mufti_in_the_Nigerian_Judiciary.pdf http://irep.iium.edu.my/39412/6/Programme_%26_Parallel_Sessions_ICLOCJ.pdf
first_indexed	2023-09-18T20:56:38Z
last_indexed	2023-09-18T20:56:38Z
_version_	1777410347885395968

Shari'ah court and the role of muftīs in the Nigerian judiciary: mission on reviving the lost glory of its past

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