Shari’ah court and the role of muftīs in the Nigerian Judiciary: mission on reviving the lost glory of its past
ABSTRACT Islamic institutions including courts and fatwā have been in existence in Nigeria since the advent of Islam in the country. While the courts were established in order to adjudicate between disputant parties, muftīs were also used as assessors (court officials) responsible for assisting...
| Main Authors: | , , , |
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| Format: | Article |
| Language: | English |
| Published: |
UPM Press
2015
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/45601/ http://irep.iium.edu.my/45601/ http://irep.iium.edu.my/45601/1/Partanika-Magagi-Ansari.pdf |
| Summary: | ABSTRACT
Islamic institutions including courts and fatwā have been in existence in Nigeria since the
advent of Islam in the country. While the courts were established in order to adjudicate
between disputant parties, muftīs were also used as assessors (court officials) responsible
for assisting the courts in dispensation of 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 fatwā institutions). The
doctrine of the tripartite tests (i.e., the repugnancy test, incompatibility test and public
policy test) was introduced into the country’s legal system to the extent that the full and
hitherto application of Islamic law was modified and some were suspended. Muslims
are left with only matters related to civil causes and personal matters. Islamic jurists
such as muftīs become functus officio in the Shari’ah Courts. In view of this, the paper
explores the possibility of finding an avenue on how to revive the past glory of muftīs
in the Nigerian judicial system. Thus, it sets out some modalities on how fatwā can be
streamlined to achieving this objective. One of such modalities is to institutionalise fatwā
in the country.
Keywords: Shari’ah Court, role of a muftī, Nigeria, judiciary |
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