Justifications, Challenges and Constitutionality of the Penal Aspects ofShari’ahLaw In Nigeria

Abstract

This articles examines the great shari’ah controversy in Nigeria. It looks at the challenges and justification for the recent introduction of shari’ah law in Nigeria, revealing how religion, politics and society intersect. It also examines the history of shari’ah law in Nigeria, the heated debate surrounding its purpose, constitutionally, and human rights elements. The shari’ah debate divides Nigerians into two groups: the retentionalists (mostly Muslims) and the abolitionalists (mostly Christians). The retentionalists argue that the authority and ideas of Muslim laws are derived directly from the Quran and should be allowed to stay. The abolitionalists argue that shari’ah law should be disregarded as it violates the Nigerian Constitution and International documents on human rights. As the arguments rage on, the concern is how the rights and safety of non-Muslims residing in shari’ah-compliant states in Nigeria can be guaranteed. The article finally calls on the government of Nigeria to be more concerned with how shari’ah law is implemented in order to protect the interest of non-Muslims in the affected states.