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...

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Main Authors:	Chiroma, Magaji, Arifin, Mahamad, Ansari, Abdul Haseeb, Abdullah, Mohamad Asmadi
Format:	Article
Language:	English
Published:	UPM Press 2015
Subjects:	KBP Islamic Law
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

id	iium-45601
recordtype	eprints
spelling	iium-456012015-12-18T03:27:45Z http://irep.iium.edu.my/45601/ 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 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 UPM Press 2015-09-12 Article PeerReviewed application/pdf en http://irep.iium.edu.my/45601/1/Partanika-Magagi-Ansari.pdf Chiroma, Magaji and Arifin, Mahamad and Ansari, Abdul Haseeb and Abdullah, Mohamad Asmadi (2015) Shari’ah court and the role of muftīs in the Nigerian Judiciary: mission on reviving the lost glory of its past. Pertanika Journal of Social Science & Humanities, 25 (s) (-). pp. 55-66. ISSN 0128-7702 http://www.pertanika.upm.edu.my/JSSH.php
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	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	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
format	Article
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
publisher	UPM Press
publishDate	2015
url	http://irep.iium.edu.my/45601/ http://irep.iium.edu.my/45601/ http://irep.iium.edu.my/45601/1/Partanika-Magagi-Ansari.pdf
first_indexed	2023-09-18T21:04:52Z
last_indexed	2023-09-18T21:04:52Z
_version_	1777410865770790912

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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