Format: MS WORD | Chapter: 1-5 | Pages: 65-80
AN ASSESSMENT OF ISLAMIC LAW AS CUSTOMARY LAW VIZ A VIZ THE SUPREME COURT RULING IN ALKAMAWA V BELLO AND ANOR
ABSTRACT
In recent times there has been a renaissance of the Islamic heritage in the consciousness of the adherents of the Islamic faith and this has sought expression in their quest to conduct their affairs in accordance with Islamic injunctions. This has become noticeable in areas where Islam is the predominant religion in northern Nigeria. In the past decade, there has been a renewed focus on the Islamic law system, with twelve(12) of the nations thirty six states adopting it in public proclamations. The focal point of this research is a critical assessment of the likening of Islamic law to customary law in relation to the case in focus- Alkamawa v Bello &anorand with a unanimous voice, the Supreme court in its full Constitution categorically and clearly brought to rest the point that Islamic law is not in similitude with customary law. Its uniqueness and distinction from customary law was succinctly enunciated on the account of the fact that it has no particularity with any tribe. It is more universal than tribal. And as though intensive and extensive x-ray was made clear. With no few instances, this research examines various reasons why Islamic law cannot be fairly and squarely regarded as customary law. The methodology of this work is a critical analysis of the subject and mode of collecting data for the richness and accuracy of this work is built within statutes, case laws, textbooks, articles, internet researches etc. In furtherance, and on a note of finality, conclusions and recommendations were made to the effect that the fact that other religions are not freely at operation in the country, therefore, the wings of Islamic law and its accompanying operations in the northern region of Nigeria should be clipped.
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