Islamic Law Practice and Procedure in Nigerian Courts is about the rules of practice, procedure and evidence in trials of civil and criminal cases before Area Courts, Sharia Courts, Upper Area Courts, Upper Sharia Courts, Sharia Courts of Appeal, Court of Appeal and indeed Supreme Court of Nigeria in matters concerning application of Islamic law and practice. The subject of the book is copiously elucidated for the first time with verity of dictas from the reported cases from superior courts in Nigeria. It is of nineteen chapters with a number of parts and paragraphs to make for easy application. The book is designed to ensure quick dispensation of justice without sacrificing the need for fair hearing. A must for judges, advocates and students of Islamic law and practice.
Annotation. In 2000 and 2001, twelve northern states of the Federal Republic of Nigeria introduced Islamic criminal law as one of a number of measures aiming at "reintroducing the shari'a." Immediately after its adoption, defendants were sentenced to death by stoning or to amputation of the hand. Apart from a few well publicised trials, however, the number and nature of cases tried under Islamic criminal law are little known. Based on a sample of trials, the present thesis discusses the introduction of Islamic criminal law and the evolution of judicial practice within the regions historical, cultural, political and religious context. The introduction of Islamic criminal law was initiated by politicians and supported by Muslim reform groups, but its potential effects were soon mitigated on higher judicial levels and aspects of the law were contained by local administrators. This title can be previewed in Google Books - http://books.google.com/books?vid=ISBN9789056296551.
With the resurgence of Islam as a social and political force, debates over family law reveal the struggle between the forces of traditionalism and modernism. The disparate tendencies within so-called Islamic fundamentalism have in commmon the desire to re-institute Shari'a law, which they regard as the last bastion of the Islamic ideal of social relations. Yet very little is known of the ways in which the Shari'a actually operates in today's Muslim societies. Mir-Hosseini focuses on the dynamics of marriage and its breakdown, as well as the way in which litigants manipulate the law in order to resolve marital disputes and child custody cases. Taking an inter-disciplinaryand approach which straddles law, anthropology, sociology and women's studies, Mir-Hosseini shows how women may turn even the most patriarchal elements of Islamic law to their advantage and achieve their personal marital aims.
This book highlights in a most condensed form judicial pronouncements by the superior courts of records as they relate to practice and procedures in civil litigation in Nigeria. Judicial pronouncements on civil aspects of the law in Nigeria are on the increase, rendering brief-writing more challenging, if not herculean, in the absence of a resource guide for the citation of authorities and knowing which changes have taken place in the law. For lawyers not to be taken by surprise in courts when issues relating to practice and procedures are raised without notice, makes the need to have a resource book that should serve as a quick guide the more compelling. This book is thus intended to be a reference guide.
This work analyzes the history of the application of Islamic law (Shari`ah) in Nigeria. It analyzes how Islamic law emerged in Nigeria toward the beginning of the 19th century and remained applicable until the arrival of the British Colonial regime in Northern Nigeria in 1903. It sheds light on how the law survived colonial rule and continues until today. Dr. Yushau Sodiq analyzes progressive elements in Islamic law over the past two centuries. He goes on to discuss many objections raised by the Nigerian Christians against the application of Islamic law, as well as how Muslims respond to such criticism. In a world that is often saturated with Islamophobia and ignorant misconceptions about Islam, this book aims to clarify and respond to many important concepts and ideas within Islamic religious tradition.
This book contains and in-depth study of the Shariah legal system generally, and its practice in Nigeria, in particular from 1956 to 1983. The book covers the meaning and scope of the Shariah: the general and legal precepts; it legal theory and legal practice; the development of Shariah legal practice and legal history in Nigeria.
The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.
Shariʿa, Justice and Legal Order: Egyptian and Islamic Law: Selected Essays by Rudolph Peters is about legal practice, both Shariʿa and state law. Its principal themes are legal order and the actual application of law in the Ottoman and more recent periods
Volume 1 on public law provides an introduction to the Nigerian legal system. The various chapters deal with: introduction and sources of law; jurisprudence and Nigerian perspectives; African customary law; Islamic law; comparative constitutionalism and Nigerian perspectives; citizenship, immigration and administrative law; judicial system and legal profession; criminal law, evidence and civil procedure; statutory marriage and divorce laws; customary marriage and divorce; marriage and divorce under Islamic law; matters of children; gender and law in Nigeria with emphasis on Islamic law. Volume 2 has 25 chapters on private law that includes security of the environment and environmental law, land and property administration, commercial business and trade laws, communication, media and press laws, transportation and carrier laws, law enforcement, armed forces and military laws, investments, and intellectual property.
