AN ANALYSIS OF ISLAMIC CIVIL PROCEDURE IN NIGERIA

Abstract:

As a result of interactions between individuals, it is normal for dispute to arise. Islamic Law had provided the procedures through which such dispute can be judicially determined. Nigerian Courts are enjoined to apply procedural Rules enunciated by Makili School of jurisprudence. Full application of Islamic Civil procedure in Nigeria has been limited by some statutes. Most of the texts on Islamic Civil Procedure are classical and written in Arabic language. The rules of Islamic Civil Procedure enunciated by the classical books are yet to be comprehensively codified to guide Nigerian Courts in conducting trials. Unfortunately the poor level of knowledge of Islamic procedure rules among lawyers and the lower courts judges has led to incorrect appreciation and application of the rules. The scope to be covered by this research is: the sources of Islamic Civil procedure, conditions precedent to commencement of civil action, hearing and determination of disputes. The research methodology of the thesis is doctrinal and analytical. In the course of the research, some findings or observations were made. The research found that there is no clear distinction between substantive and procedural law in Islamic Law and most of the texts on the subject are written in classical Arabic which is technical in nature. The jurisdiction of Shari’a Court of Appeal in Nigeria is limited to Islamic personal Status. Suggestions were made in the research as proffered solutions to the enumerated findings/observations. LIST OF ABBREVIATIONS: ALL FWLR – All Federation Weekly Law Reports. BOS – Borno State. CA – Court of Appeal. CFRN – Constitution of the Federal Republic Nigeria F.S.C. – Federal Supreme Court Cases. FWLR – Federation Weekly Law Reports. KSW – Kwara State. LFN – Laws of the Federation of Nigeria 1990. NWLR – Nigerian Weekly Law Reports. RSMNW – Rahotannin Shari’ar Musulunci Na Wata-Wata A Najeriya. SCA