[21][22] This position has changed given the judicial pronouncement in the case of Alkamawa V Bello(1998) LPELR-SC.293/1991[23] Hence, Sharia is now seen as a distinct and universal legal system. , Foreign Benefit Law means any applicable statute, law, ordinance, code, rule, regulation, order or decree of any foreign nation or any province, state, territory, protectorate or other political subdivision thereof regulating, relating to, or imposing liability or standards of conduct concerning, any Employee Benefit Plan. Pension Benefits Act means The Pension Benefits Act of Ontario and regulations thereunder as amended from time to time. [9], in December 2018, several women in Kano were arrested by the Hisbah for allegedly planning a same-sex wedding. IMDG Code means the International Maritime Dangerous Goods Code, for the implementation of Chapter VII, Part A, of the International Convention for the Safety of Life at Sea, 1974 (SOLAS Convention), published by the International Maritime Organization (IMO), London; The revised school code means 1976 PA 451, MCL 380.1 to 380.1852. Leiden: Brill Academic Publishers. "As a Muslim, I support the sharia penal code . [3], Twelve out of Nigeria's thirty-six states have Islam as the dominant religion. AllAfrica is a voice of, by and about Africa - aggregating, producing and distributing 600 news and information items daily from over 100 African news organizations and our own reporters to an African and global public. laws in Sokoto State since 29th May, 2000 when the state government Refworld | Nigeria: Penalty under Zamfara Sharia law for a man who has Nor do they recognise marital rape (which is not recognised in general secular law in Nigeria either). Administrative Code means the San Francisco Administrative Code. Get the latest in African news delivered straight to your inbox. The new Sharia Penal Codes enacted at that time are then described and discussed. This violates Islamic provisions, it is also responsible for immoral thoughts among some members of the public, all these are against Islam. The criminal code is applicable to the Southern states of Nigeria, whilst the Penal Code and Sharia Penal code are applicable in the Northern States of Nigeria. Section . Any woman who has a feeling of love for another woman or girl and went ahead to employ the means of . the headless mannequins should be "covered at all times" because to show "the shape of the breast, the shape of the bottom, is contrary to the teachings of Sharia". "Kano and Zamfara hisbah have their foundations in state law", "have a legally sanctioned board or commission with state-wide powers", and get state funding to pay the salaries of "thousands of people". "Nigerian teen jailed for blasphemy has sentence quashed", "Nigeria: International Religious Freedom Report 2008", "The enforcement of Shari'a and the role of the hisbah", "Outrage as Nigeria sentences teenage boy to 10 years in prison for blasphemy", "Here are the 10 countries where homosexuality may be punished by death", "Three men sentenced to death by stoning for being gay in Nigeria", "Hisbah Bans Use Of Mannequins For Display Of Clothes By Tailors, Boutique Owners In Kano", "Kano govt. The Kano state government is opposing the appeal, arguing that sharia law does not violate the constitution, a view held by many in northern Nigeria. The new Sharia Penal Codes enacted at that time are then described and discussed. Nigeria | Women And Justice | US Law - LII / Legal Information Institute The hisbah in Gombe state "has no legal backing", no supporting legislation, no "state funding, and is made up of volunteers" who "sometimes have to contribute financially to the running of the organization". The essay begins with a brief history of the penal law of the northern states of Nigeria, from the colonial period up to 1999/2000, when twelve northern states began their programmes of sharia implementation. The two laws that replaced it . Sharif was sentenced to death in 2020 for alleged blasphemy, but following international outcry, a Kano high court ordered his retrial. 10 of 2000 and signed into law by Governor Sani on 27th January 2000. Court challenge puts spotlight on sharia law in Nigeria - MSN previous planning legislation means any planning legislation that is repealed by the Act or the provincial legislation; Standard health benefit plan means a health benefit plan developed pursuant to section 379.944]. For instance in 55 (1) (d) of Sharia Penal Code, the criminal code enforced in the Northern Part, a man is empowered to correct an erring child, pupils, servant and wife. "Political Shari'a"?: Human Rights and Islamic Law in Northern Nigeria In Kano State, on May 30, 2003, a group of about twenty hisbah disrupted a wedding party on the basis that it was an immoral gathering and that music was being played. Suggested Citation, Madison, WI 53704United States608-960-1958 (Phone), Islamic Law & Law of the Muslim World eJournal, Subscribe to this fee journal for more curated articles on this topic, International, Transnational & Comparative Criminal Law eJournal, We use cookies to help provide and enhance our service and tailor content. A "declaration of full Sharia law" was made in the twelve states in that year, and the states created Islamic legal institutions such as a Sharia Commission, and Zakat Commission, and a hisbah, i.e. 7nFxQAn)mhV_).xeJk9 `9kwFt'm?=i;C wpnp|PM~ voNdO7L[ v")k7V`Hn Data Protection Legislation means the Data Protection Act 1998, the EU Data Protection Directive 95/46/EC, the Regulation of Investigatory Powers Act 2000, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (SI 2000/2699), the Electronic Communications Data Protection Directive 2002/58/EC, the Privacy and Electronic Communications (EC Directive) Regulations 2003 and all applicable laws and regulations relating to processing of personal data and privacy, including where applicable the guidance and codes of practice issued by the Information Commissioner; Dutch Civil Code means the Dutch Civil Code (Burgerlijk Wetboek). Sign in for full access to article. The judgment document states that Sharif-Aminu, 22, was convicted for making "a blasphemous statement against Prophet Mohammed in a WhatsApp Group," which is contrary to the Kano State Sharia Penal Code and is an offence which carries the death sentence. Islamic criminal law, Islamic penal law, sharia, sharia criminal procedure codes. [15], In 2020, the Kano state Islamic police shaved off the Mohawk hairstyles of young men on the pavements of Kano city. [2] According to some critics (Leo Igwe, chair of the board of trustees for the Humanist Association of Nigeria), the adoption of Sharia law violates Article 10 of the Nigerian constitution guaranteeing religious freedom. IV, Chapter 4, pp. ZAMFARA STATE OF NIGERIA SHARIA'AH PENAL CODE LAW JANUARY, 2000. Please try again later. In Nigeria, Sharia has been instituted as a main body of civil and criminal law in twelve Muslim-majority states since 1999, when then- Zamfara State governor Ahmad Sani Yerima [1] began the push for . You can subscribe by visiting our subscription page. M., Sharia implementation and female Muslims in Nigerias Sharia State (2007).The introduction to the Sharia Penal Code of Zamfara State Law No. Richardson, Notes on the Penal Code Law (Kaduna: Government Printer, 1960) and A. Gledhill, The Penal Codes of Northern Nigeria and the Sudan (London: Street & Maxwell; Lagos: African University Press, 1963). I assent this 27th day of January, 2000 Alhaji Ahmad Sani (Yariman Bakura) Governor . Foreign Benefit Plan means any Employee Benefit Plan established, maintained or contributed to outside of the United States of America or which covers any employee working or residing outside of the United States. Nigeria operates penal as well as criminal codes. As a law the new Penal Code, makes provisions that determine the actions which are recognized as crimes and explain the penalties incurred upon them. sharia implementation in northern nigeria 1999 2006 the sharia penal [14], In 2020 the Kano State Hisbah Board implemented the destruction of 1,975,000 bottles of beer worth over N200 million (almost $500,000 USD) that had been confiscated within metropolitan Kano. Sections 144-145 Theft (Sarigh): [18], Recognized as a federal court of appeals under the government of Nigeria, the Sharia Court of Appeals is the most controversial of the judicial system. There was a problem processing your submission. Most importantly, non-Muslims are not subject to the Sharia Penal Codes SHARIA AND NATIONAL LAW IN NIGERIA 601. the sharia penal code and the criminal procedure code which have been the obstacles against the full application of islamic legal laws in sokoto state since 29th may, 2000 when the state. carried out both under the Penal Code, the Criminal Code and new Sharia penal law. In February 2019 citizens re-elected President Muhammadu Buhari of the All Progressives Congress party to a second four-year term. (PDF) Nigeria's Sharia Criminal Procedure Codes - ResearchGate ed. [19], Some argue that as implemented in the north, Sharia violates the Constitution of Nigeria.[20]. Sharia Law in the Northern States of Nigeria: To Implement or Not to [24][25], In theory the sharia legal system and hisbah enforcement apply only to Muslims, but according to the BBC, "in reality, non-Muslims come under pressure to adhere to the hisbah's rulings". Nigeria: Situation of homosexuals and their treatment under sharia law Sharia applies in full, including personal status issues and criminal law. Last revised: 23 Nov 2009. These state authorities have argued that by virtue of section 6(5) (K), the 1999 constitution gives power to Nigeria's component states to establish courts, and may be authorized by law to exercise jurisdiction at first instance or on appeal . An Appeal Court in Kano will hear a constitutional challenge against sharia law today, in a case filed by 22 year-old singer Yahaya Aminu Sharif. Iq;ZhT&r VBkSv SET(\B]~x6e)`ehz`gXc. The documents which contain the codified Islamic laws were initially The implementation of Sharia Penal Codes in northern Nigeria is flawed in several respects. In May, Mercy Corps released a report entitled, Fear of the Unknown: Religion, Identity, and Conflict in Northern Nigeria, which reported on the religious attitudes of northerners it surveyed to gauge . '&UTGA(=1:" R3g/:qOW{R{0*%UBZ.hL::Xc8:r gvL bax8\E In Nigeria, Sharia has been instituted as a main body of civil and criminal law in twelve Muslim-majority states since 1999, when then-Zamfara State governor Ahmad Sani Yerima[1] began the push for the institution of Sharia at the state level of government. The code came into force on that same day. [11], As of June 30 2021, the Kano State Hisbah Board (Kano State is the most populous in Nigeria as of the most recent census) banned the use of mannequins "to display clothes by tailors, supermarkets and boutique owners" in Kano state. 10 of 2000 written by the Honourable Attorney General of the State then, Ahmed Bello Mahmud and the note written under punishment of offences committed in the state clearly declare that the sharia penal code does not apply to non-Muslims, unless they consent in writing. The Revised Penal Code Law of Adamawa State 2018 by Prof. A.B. Ahmed [5], Human Rights Watch sees as problematic the fact that "the majority" of hisbah members have "a low level of formal education, no background in law, and no training in law enforcement or procedures for arrest, investigation, or gathering of evidence. Several guests, musicians and members of the wedding ceremony were beaten and injured. Sections 139-143 Qadhf (False accusation of Zina): - 80 lashes + testimony before a court not admissible unless the person repents; extends also to certain kinds of defamation. Firstly, it does not adequately protect the rights of women. Or for more information about becoming a subscriber, you can read our subscription and contribution overview, You can also freely access - without a subscription - hundreds of today's top Africa stories and thousands of recent news articles from our home page , Already a subscriber? Likewise, the Kano Sharia Penal Code Law explicitly condones marital rape and discriminates against married women who have been forced into having sexual intercourse by their husbands. Blasphemy in Nigeria's legal systems: an explainer - The Conversation In this videoclip, Nigerian attorney Muzzammil. Section 55 (1) (d), subject to customs that have been recognized as lawful, allows a husband to "correct [] his wife" as long as it does not amount to "grievous hurt.". About Us. [5], According to the Nigeria Stability and Reconciliation Programme (NSRP), while the "coercive disciplinary functions" of hisbah attract media attention, hisbah are also or could also be involved in dispute resolution, marriage counselling, helping the poor, etc. To complete the process, please follow the instructions in the email we just sent you. Nigeria operates penal as well as criminal codes. 2PEPuhi:N,hQv Senegal. With the head on it looks like a human being." [3] Yahaya Sharif-Aminu, 22-year-old music studio assistant was sentenced to death August 10 2020, for making "a blasphemous statement against Prophet Mohammed in a WhatsApp Group," was "remitted back to the Sharia court for a retrial due to procedural irregularities". onward submission to the Sokoto State House of Assembly. The Hisbah Commander-in-Chief, Ustaz Harun Muhammad Sani Ibn Sina issued a statement: Hisbah prohibits the use of mannequins at shops, commercial and private residences and other public places. 9 Interestingly, 389 has been removed from all the new Sharia Penal Codes, see 4d of this essay, below. Conclusion Though the outright repeal of the Sharia Penal Code might cause political crisis, it is obvious that the enthusiasm for sharia is gradually declining as it was practically impossible to execute the first set of people that were sentenced to death or amputation. The two most common religions in Nigeria, Islam and Christianity, as well as the traditions of the people forbade homosexuality. sharia law crimes and punishments - dsinm.com 3-21, Philip Ostien, ed., Ibadan: Spectrum Books Ltd., 2007, Islamic Law and Law of the Muslim World Paper No. The Penal Code applies to the northern states of Nigeria. English News and Press Release on Nigeria; published on 29 Mar 2000 by TNH. the bedrock for total Sharia application in the state. Most comprehensive library of legal defined terms on your mobile device, All contents of the lawinsider.com excluding publicly sourced documents are Copyright 2013-. Sharia Penal Code), Kebbi (Penal Code (Amendment) Law, 2000 and Kebbi State Sharia (Administration of Justice) Law, 2000), Jigawa (A Law to Establish Sharia Courts in Jigawa, 2000), and Yobe (Sharia Penal Code, 2001). This has caused controversy because while the Sharia Court of Appeals interprets and reviews cases relating to Islamic law, they must also interpret the common and customary laws of the other regions of Nigeria. 4, 'The Sharia Penal and Criminal Procedure Codes', Ibadan: Spectrum. . The singer who is in custody, wants the Appeal . Penal Code & Sharia Penal Code (2004 edition) | Open Library . Human Rights Watch is not aware of any women joining the hisbah in Nigeria. 23rd June, 2022. Sharia law constitutional? Hearing begins in singer Sharif's challenge November 2007; In book: P. Ostien, ed., Sharia implementation in northern Nigeria 1999-2006: A sourcebook (pp.171-203) . In approaching the Sharia Penal Code, the CILS group relied mainly on first, the A LAW TO ESTABLISH A SHARI'AH PENAL CODE FOR ZAMFARA STATE. STCW Code means the Seafarers Training, Certification and Watchkeeping Code as adopted by the 1995 Conference resolution 2, as it may be amended by IMO; Health and Welfare Benefits means any form of insurance or similar benefit programs, including, but not limited to, medical, hospitalization, surgical, prescription drug, dental, optical, psychiatric, life, disability, prepaid legal, or income protection insurance, or annuity programs. 8a4edd9029 - United States Department of State %PDF-1.5 % 5 . 1493 0 obj<>stream While Hisbah members have been responsible for "flogging and beating suspected criminals", unlike some vigilante groups "as of 2004, Human Rights Watch was not aware of killings by hisba members". x[ }}+ "[5] While there are not set laws on hisbah procedure, according to a "common understanding" of what hisbah are allowed to do, "they are expected to arrest criminals", but not "to enter peoples private homes or spy on them merely on the basis of suspicion". Nigeria Penal Code Act - librarycalendar.ptsem.edu The essay begins with a brief history of the penal law of the northern states of Nigeria, from the colonial period up to 1999/2000, when twelve northern states began their programmes of. The penal code applies in the north, where there is a Muslim majority,. Abstract. "[2], According to Human Rights Watch, hisbah activities in Nigeria bear a similarity to other vigilante groups in that country, in that they are "made up mostly of locally-recruited young men who usually patrol their own neighborhoods and sometimes instantly administer punishments on people suspected of carrying out an offense, without, or before, handing them over to the police". On the specific titles of the various laws as indicated above, see Rudolph Peters, Islamic Criminal Law in Nigeria 51-53 (2003). Some notable cases have been overturned or sent back to be retried. IV, Chapter 4, pp. Nigeria's Sharia Penal Codes by Philip Ostien :: SSRN 10 of 2000 written by the Honourable Attorney General of the State then, Ahmed Bello Mahmud and the note written under punishment of offences committed in the state clearly declare that the sharia penal code does not apply to non-Muslims, unless they consent in writing. PDF Common Law And Sharia In Nigeria By B Balewa - git.dstv.com The death penalty is provided for in Nigeria not only in the Penal Code and Shari'a legislation in force in northern Nigeria, but also in the Criminal Code, which is in force in the rest of the . presented about five weeks ago but were returned to the committee for Democracy, Women'S Rights and Sharia Law in Nigeria [2] For example, as of 2016: Blasphemy in Nigeria's legal systems: an explainer June 2nd, 2020 - sharia courts in nigeria sharia an arabic word translated as way or path is the code of conduct or religious law in islam and has been . 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