The Making of a Colonial Islamic Law in Northern Nigeria

[This post is a sequel to part 1, addressing secularism and Nigeria's colonial legacy] Situated within a broader research project aimed at disentangling the complex struggles over religion-state relations in colonial Northern Nigeria, my article, “Secularizing Islam: The Colonial Encounter and the Making of a British Colonial Islamic Criminal Law in Northern Nigeria, 1903-58” tells … Continue reading The Making of a Colonial Islamic Law in Northern Nigeria

Secularism and Nigeria’s Colonial Legacy

By Rabiat Akande The secularism debate remains the most vexed issue in Nigeria’s constitutional discourse. This debate centers on the question: Is Nigeria a ‘secular’ state? The first position in the debate, the ‘secularist’ position, answers the question in the positive. “Yes,” this position affirms, Nigeria is a ‘secular’ state. In the view of the … Continue reading Secularism and Nigeria’s Colonial Legacy

Recent Scholarship: Akande on British Islamic Criminal Law in Northern Nigeria

"Secularizing Islam: The Colonial Encounter and the Making of a British Islamic Criminal Law in Northern Nigeria, 1903–58" by Rabiat Akande. This article narrates the ways in which siyasa, understood as "discretionary powers of political rulers," facilitated the making of a British Colonial Islamic law. Here, Akande focuses on criminal law in order to highlight what set … Continue reading Recent Scholarship: Akande on British Islamic Criminal Law in Northern Nigeria

Recent Scholarship: Ostien on Nigeria’s Sharīʿa Courts

Philip Ostien is the editor of The Nigeria Papers, one of the Special Collections on SHARIAsource. The Nigeria Papers is a comprehensive collection of documentary materials and scholarly analysis on the programs of “sharīʿa implementation” (the application of Islamic law) undertaken by 12 northern Nigerian states beginning in 1999 and continuing today. A new paper … Continue reading Recent Scholarship: Ostien on Nigeria’s Sharīʿa Courts

Abou El Fadl on Sexual Violence in Islamic Law

SHARIAsource Senior Scholar Khaled Abou El Fadl recently gave a lecture (available on YouTube here) regarding the prohibition of torture in Islam, which he explained is not derived from modern international law, but rather from the Qurʾān and ḥadīth. In particular, Abou El Fadl pushed back against the misconception that, under Islamic criminal law, victims … Continue reading Abou El Fadl on Sexual Violence in Islamic Law

Sharīʿa Implementation in Northern Nigeria :: Two Famous Cases

Early zeal for application of the reinstated Islamic criminal law resulted in two zināʾ cases which attracted worldwide attention in 2001-2003: the cases of Safiyatu Hussaini and Amina Lawal, litigated in the Sharia Courts of Sokoto and Katsina States, respectively. Vol. V makes available English translations of the records of proceedings and the judgments of … Continue reading Sharīʿa Implementation in Northern Nigeria :: Two Famous Cases

Sharīʿa Implementation in Northern Nigeria :: Zakāt and Endowments

These materials document, state by state, what each of the sharīʿa states is doing in respect of the collection and distribution of zakāt and the management of pious endowments (waqf, pl awqāf). The materials include early proposals by Sharia Implementation Committees or Councils of Ulama for official zakāt organizations, including the doctrinal background; all statutory materials … Continue reading Sharīʿa Implementation in Northern Nigeria :: Zakāt and Endowments

Sharīʿa Implementation in Northern Nigeria :: Women

These materials include the results relating to gender of a perceptions survey carried out in three sharīʿa states in early 2016, which included questions on hisbah and women, zakat and gender issues, practices harmful to women, and education of girls and women. Also included is documentation of a number of public enlightenment and sensitization programs … Continue reading Sharīʿa Implementation in Northern Nigeria :: Women

Sharīʿa Implementation in Northern Nigeria :: Hisbah Groups

The sharīʿa states vary widely as to hisbah organizations. Some have none at all, some have informal groups not sanctioned by the state, some have official groups organized under the governor’s office, a ministry, or the state Sharia Commission, and some have separate Hisbah Boards or Commissions operating under statutes of their own. These materials … Continue reading Sharīʿa Implementation in Northern Nigeria :: Hisbah Groups