Department: Religions, History and Heritage Studies
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1
CHALLENGES AND PROSPECTS OF SHARICAH COURTS IN NIGERIA
Abstract
Before the advent of British colonial rule, Islamic law in its total ramifications applied in the territories, which later on became Nigeria after colonization. The Islamic law was the system through which Islamic civil and criminal laws were applied by the Alkali courts. The British introduced the English law, which however did not completely abrogate the existing and dominant Islamic legal system under the Sokoto Caliphate but subjected it to some limitations by confining the application of the Sharicah and jurisdictions of Sharicah Courts to personal status. The Commander of the faithful Amirul Mumineen or Emir had to wait for the approval of the Resident or District Commissioner in the appointment of Sharicah judges and the latter was empowered to supervise the judges and review or transfer their cases. This paper therefore tries to examine the position of Sharicah Courts in Nigeria before and under the British colonialism. It also analyzes the history and prospectus of Sharicah Courts as well as challenges presently facing the Sharicah courts in Nigeria. The methodology used for this study included analytical, critical and historical approaches, while library sources were extensively utilized as a tool of sourcing for information. The paper concludes with some suggestions as a way out of the nightmare.
