قرارات المحاكم الشرعية في ولايتي يوبي وبرنو بنيجيريا : دراسة تحليلية مقارنة بقوانين البلدان الإسلامية

Abstract

This study examines decisions issued by the Shariah courts in Yobe and Borno states. Nigeria from 2008 to 2012. The choice of this period is due to the fact that the Shariah courts have made an important change in decision-making in criminal cases based on the Shariah. Criminal cases have become Shariah-based and continuous till this day. There is an urgent need to assess these decisions and their use of the Shariah such as decisions on crimes, personal status and transactions. Decisions regarding personal status include: khul’, divorce, and a woman’s guardian. However, if a woman does not have one, A-lkhadi (the Shariah court judge) can serve as her guardian. Decisions on the area of crimes include: borders, retribution and blood money. The decisions of the transactions include weight, and they are identified into three types of scale in the states of Yobe and Borno called Alla saini, Sha kai kadai and Kwano nomba arbaen da biu. The method used by the researcher in this thesis is the inductive method. This method was used to collect relevant information from the scattered literatures on the decisions of the Shariah courts in Yobe and Borno state, while decisions and statements collected on this particular subject, as well as the analytical approach. The study analyzes the judgments and the statements in the decisions of the Shariah courts in the two states and its evaluation on the application of the Shariah rulings. This method compares between the decisions of the Shariah courts in the tow states. The results of the research show that the decisions are similar to decisions in the Shariah courts in other Islamic countries. Therefore, this study examines the legal provisions and their implementation through the Shariah courts, which is necessary in the life of Muslims and even the non-Muslims in Nigeria. This study also provides great contribution to the researchers and specialists in the field of Shariah courts in states working under the federal government of Nigeria.