Implementation of hudud law with special reference to Nigeria

Abstract

This thesis intends to examine the enforceability of hudud punishments for hudud offences, and general implementation of the hudud law based on the guidance of the Holy Quran and Sunnah of the Holy Prophet Muhammad (SAW) in Nigeria. These include the effects, consequences, challenges, problems, and prospects of hudud implementation in a multi-religious Nigeria. Nigeria is a country with a Muslim population of an estimated 55% to 60% of the total Nigerian population. Islam has existed and flourished in the area presently known as Nigeria for over 1,000 years. After conquering Northern Nigeria between 1897 and 1903, the British colonised the area by inter-alia pursuing policies of appropriation, containment, and surveillance of Islamic Law; and the "indirect rule" policy, up till Nigeria's independence from British rule on October 1st 1960. Efective from 1999-2000 and up till 2002, twelve states from Northern Nigeria have re-introduced Islamic criminal laws, including hudud since the pre-colonial and colonial periods. The Penal Code for Northern Nigeria was codified in order to reflect Islamic principles and norms of the mostly Muslim North; while the equivalent Criminal Code is applicable to the South. All the twelve states currently implementing hudud were visited by the researcher during field work, and a sample of officers concerned with hudud enforcement were consulted and interviewed in these states.This thesis posits that the implementation of hudud (among other Islamic Criminal Laws) based strictly on the Holy Qur'an and the Sunnah of the Holy Prophet (SAW) for Nigerian Muslims, will best serve the interest of drastically reduced crime rates for Nigeria generally and clamour for full shartah enforcement by Nigerian Muslims. Reference is made to the experience of countries where hudud is/was enforced, including Pakistan and Sudan. Some other Muslim countries enforcing or attempting hudud implementation were also considered.