Implementation of Islamic criminal law (Hudud) in the defunct Northern Nigeria : a comparative study of Nigerian penal code and the new implementation of Islamic criminal law

Abstract

This study is to examine the new application of the Shariah legal system in the defunct Northern Nigeria and to see whether this system complies with the Islamic legal system or not. It is also compares the Northern Nigeria Penal Code that was brought by British with the new implemented system of Islamic law. It also looks into the 1999 constitution of Nigeria, so as to justify whether the application of Shariah legal system in Nigeria under 1999 constitution is legal or otherwise. This research is confined to the study of implementation of Islamic criminal law, especially in the area of Hudud laws. Since the beginning of this implementation in 1999, there had been many cases that were brought before the court of law to have the correct Islamic decision. It is also the purpose of this research to examine those decided cases, in order to find how legitimate they are according Islamic Law. This will be compared with the Northern Nigeria Penal Code law. The study also looks briefly into the history of the Shariah in the defunct Northern Nigeria. It also examined the movement against Shariah in Northern Nigeria led by the British colonialist. This includes discussion on the Suppression of Arabic Education in Nigeria, and how the Islamic legal system was abrogated by them which led to the cessation of Islamic Criminal Law in Northern Nigeria.