An Alternative Vision of Sharia Application in Northern Nigeria: Ibrahim Salih’s Hadd Offences in the Sharia

2010 ◽  
Vol 40 (2) ◽  
pp. 192-221
Author(s):  
Gunnar J. Weimann
Keyword(s):  
Criminal Law ◽  
Islamic Law ◽  
Perceived Threat ◽  
Northern Nigeria ◽  
Muslim Community ◽  
Alternative Vision ◽  
Short Period ◽  
The Face ◽  
Muslim Scholars

AbstractAfter Islamic criminal law was introduced in northern Nigeria in 1999/2000, sentences of amputation and stoning to death were handed down by Sharia courts. Within a short period of time, however, spectacular judgments became rare. Given the importance of religion in northern Nigerian politics, this development must have been supported by influential Muslim scholars. This article analyses an alternative vision of Sharia implementation proposed by influential Tijaniyya Sufi shaykh Ibrahim Salih. He calls for a thorough Islamisation of northern Nigerian society, relegating the enforcement of Islamic criminal law to the almost utopian state of an ideal Muslim community. In this way he not only seeks to accommodate the application of Islamic law with the realities of the multireligious Nigerian state but also tries to conserve the unity of Muslims in the face of a perceived threat for Nigeria’s Muslims of being dominated by non-Muslims in the country.

ḤUDŪDPUNISHMENTS IN THE FOREFRONT: APPLICATION OF ISLAMIC CRIMINAL LAW BY HARAKAT AL-SHABAAB AL-MUJAHIDEEN

2014 ◽  
Vol 29 (2) ◽  
pp. 317-329 ◽  
Author(s):  
Michael Skjelderup
Keyword(s):  
Criminal Law ◽  
Current Practice ◽  
Islamic Law ◽  
State Power ◽  
Muslim World ◽  
Terrorist Group ◽  
Islamic State ◽  
Law And Order ◽  
State Institutions ◽  
Muslim Scholars

AbstractHarakat al-Shabaab al-Mujahideen, usually referred to as al-Shabaab (the youth), is known primarily as a Somali terrorist group. But since the end of 2008, it has functioned as a state power in large parts of Southern and Central Somalia. In this article, I analyze the main legal body of the group: theqāḍīcourt. In order to establish law and order in their territories, al-Shabaab has applied their own version ofsharī'a. The article reveals that al-Shabaab's application of criminal law follows the inherent logic of classical Islamic legal doctrines on several points. However, the al-Shabaab courts tend to overlook many of the strict requirements regarding evidence and procedure that were outlined by the medieval Muslim scholars in order to humanize Islamic law. Therefore, the legal reality of al-Shabaab's regime is far more brutal than that of most other Islamic-inspired regimes in the contemporary Muslim world. Al-Shabaab's practice of Islamic criminal law may be seen not only as a means to exercise control through fear but also as an effective way of filling the vacuum of insecurity and instability that has followed twenty years of violence and the absence of state institutions in its territories. I argue that, in order to understand al-Shabaab's current practice of criminal law, one has to take into consideration the group's jihadi-Salafi affiliation. According to Salafi notions,sharī'ais not only a means to an end, but an end in itself. As such,sharī'a(i.e., God's divine law) is the visual symbol of an Islamic state. Consequently, the application of Islamic criminal law, and especially of theḥudūdpunishments, provides al-Shabaab with political-religious legitimacy.

scholarly journals اقبال اور اجماع

2017 ◽  
pp. 13-20
Author(s):  
Dr. Muhammad Waseem Anjum
Keyword(s):  
Islamic Law ◽  
Research Paper ◽  
Muslim Community ◽  
Technical Problems ◽  
Muslim Scholar ◽  
Islamic Jurisprudence ◽  
Muslim Scholars

Ijma’ means consensus in Islamic law, the universal and infallible agreement of either the Muslim community as a whole or Muslim scholars in particular. Iqbal—a great Urdu and Persian poet and Muslim scholar—urges the need of Ijma’ in Islamic jurisprudence, uṣūl al-fiqh. In this research paper, the scholar has given a detailed illustration on the importance of Ijma’, its usefulness, technical problems and definition in the light of the thoughts of Allama Iqbal.

Conceptualizing the Caliphate, 632–1517 CE

2017 ◽  
Author(s):  
Mona Hassan
Keyword(s):  
Political Thought ◽  
Islamic Law ◽  
Muslim Community ◽  
Creative Solutions ◽  
Abbasid Caliphate ◽  
Islamic Political Thought ◽  
Legal Foundations ◽  
Embodied Practice ◽  
Over Time ◽  
Muslim Scholars

This chapter begins with a discussion of how the embodied practice of the earliest generations of Muslims was essential in consolidating a nearly universal Islamic consensus upon the obligation of appointing a leader for the Muslim community. As such, the caliphate was incorporated into Sunni Islamic law as a legal necessity and a communal obligation, and Muslim scholars attempted to address the institution's increasing divergence from ideals over time. Following the destruction of the Abbasid Caliphate in Baghdad in 656/1258, Muslim scholars of Mamluk Egypt and Syria drew from this rich tradition of Islamic political thought and jurisprudence to articulate creative solutions that bolstered the socio-legal foundations of the reconstituted caliphate in Cairo. As intellectual predecessors, teachers, disciples, colleagues, rivals, and adversaries, these premodern scholars were connected to each other through intricate social webs that traversed the centuries of Mamluk rule from the thirteenth to the sixteenth centuries.

Secularizing Islam: The Colonial Encounter and the Making of a British Islamic Criminal Law in Northern Nigeria, 1903–58

2019 ◽  
Vol 38 (2) ◽  
pp. 459-493 ◽  
Author(s):  
Rabiat Akande
Keyword(s):  
Criminal Law ◽  
Islamic Law ◽  
Northern Nigeria ◽  
Colonial State ◽  
Religious Difference ◽  
British Colonial ◽  
Colonial Encounter ◽  
The Relationship

Emerging critiques of mainstream accounts of secularism reveal the imbrication of the sacred and the secular in ‘secular’ states. In the context of colonial Northern Nigeria, this sacred-secular entanglement, which took the form of the co-option of Islam for the colonial ‘secular’ enterprise, did not leave Islam unchanged. Co-opting Islam for the colonial project necessitated the making of an Islamic Law amenable to the colonial state. With a focus on criminal law, this article narrates the making of a British Colonial Islamic law in Northern Nigeria through the unprecedented expansion of siyasa. Departing from orthodox accounts of Islamic law's reification in colonial Northern Nigeria and heterodox assertions of its erosion by the colonial state, this article argues that neither the reification nor the erosion accounts illuminates the relationship between the colonial state and Islamic law. To show how the colonial state could assert secularism while co-opting Islam, this article presents a narrative of reform that foregrounds the following questions: Who had (and exercised) the power to decide what Islamic law was? How was the exercise of this power justified? How did the exercise of this power fit with the broader colonial project of governing religious difference? What were the consequences of these processes for Islamic law, institutions and colonial subjects?

scholarly journals Loci of Leadership: The Quasi-Judicial Authority of Shariah Tribunals in the British Muslim Community

Religions ◽  
2019 ◽  
Vol 10 (7) ◽  
pp. 406 ◽  
Author(s):  
Al-Astewani
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Mission Statement ◽  
The State ◽  
Religious Institutions ◽  
Muslim Community ◽  
Religious Services ◽  
Judicial Authority ◽  
The Uk ◽  
Muslim Scholars

Leadership and authority were two central themes in the mission statement of the first ever Shariah tribunal to emerge in the UK. When the Islamic Shariah Council was established in 1982, it noted that its founding meeting had been attended by Muslim scholars from a number of mosques in the UK who represented the major schools of Islamic law. This ensured in its own words that it was widely accepted as an authoritative body with regards to Islamic law and that it was therefore able to cater to the basic religious needs of the Muslim community. Since their emergence in the 1980s, Shariah tribunals have played an important role in guiding the Muslim community through the provision of religious services. This paper seeks to enrich the literature on Shariah tribunals by critically assessing how such tribunals have used their expertise in Islamic law to wield quasi-judicial authority in the British Muslim community, within a legal system which does not directly grant legal jurisdiction to religious tribunals. The paper highlights the distinctive characteristics of the authority which Shariah tribunals exercise as religious institutions, which distinguish them from the secular courts of the state despite the judicial functions which both share in common.

scholarly journals DALUWARSA DALAM PENUNTUTAN PIDANA PERSPEKTIF HUKUM PIDANA ISLAM

2016 ◽  
Vol 2 (1) ◽  
pp. 128-157
Author(s):  
Firdaus Firdaus
Keyword(s):  
Criminal Law ◽  
Islamic Law ◽  
Point Of View ◽  
Criminal Prosecution ◽  
The Right ◽  
Muslim Scholars

Abstract: This article discusses the different point of view among the Muslim scholars about whether expired can abolish the punishment or not according to Islamic criminal law. Majority of Muslim scholars view that it cannot abolish the punishment. For those who hold the principle of expiry, they do not consider it as a penalty cancellation for entire jarîmah. Islamic law sees expired is only included to cancel the right to carry out the sentence. Thus, in the perspective of Islamic criminal law, any persons who have committed a crime and it has not yet sentenced and has already expired, it does not mean that the criminal is not removed. This means that a person who commits criminal act and it is prosecuted at any times, so the case can be tried. While the expired is valid only when the crime carried out by someone has got the judge's ruling, so that the perpetrator is serving as the judge ousted.Keywords: Expired, criminal prosecution, Islamic Criminal Law.                                Abstrak: Artikel ini membahas tentang daluarsa dalam penuntutan pidana perspektif hukum pidana Islam. Dalam hukum pidana Islam, di kalangan Ulama masih diperselisihkan, apakah daluwarsa dapat menghapuskan hukuman atau tidak. Menurut kebanyakan fuqaha, daluarsa tidak menghapuskan hukuman bagi seluruh jarîmah. Daluwarsa hanya masuk dalam bagian yang menghapuskan hak untuk melaksanakan hukuman. Dengan demikian, dalam perspektif hukum pidana Islam, setiap orang yang telah melakukan tindak pidana dan terhadap perbuatan pidana itu belum sampai dijatuhi hukuman, maka meskipun sudah daluwarsa, pidana tidak menjadi hapus. Ini berarti orang yang melakukan tindak pidana kapan waktu saja dapat dituntut atau perkaranya dapat diadili. Sedangkan daluwarsa hanya berlaku manakala tindak pidana yang telah dilakukan  seseorang  itu  telah  mendapat putusan  hakim  sehingga  orang tersebut harus menjalani hukuman sebagaimana yang telah dijatuhkan hakim.Kata Kunci: Daluarsa, penuntutan pidana, hukum pidana Islam. 

Beyond Textuality in Islamic Legal Exegesis

2014 ◽  
Vol 31 (4) ◽  
pp. 50-72
Author(s):  
Luqman Zakariyah
Keyword(s):  
Criminal Law ◽  
Islamic Law ◽  
Depth Study ◽  
Qur'anic Exegesis ◽  
Muslim Scholars

When studying textuality in the codification1 of Islamic legal maxims (qawā‘id fiqhīyah), it is worth researching how intertextuality and hypertextuality can be used as linguistic mechanisms to help understand Qur’anic texts and how such texts cohere to form legal maxims in Islamic criminal law. An in-depth study of medieval Qur’anic exegetes reveals the length to which Muslim scholars have gone to link texts to extract contextual meanings from the Qur’an and, perhaps, to codify Islamic legal maxims. Two such approaches are intertextuality and hypertextuality. This article examines how the linguistic mechanisms defined herein complement juristic methodology in codifying Islamic legal maxims from Qur’anic exegesis. It explores several relevant exegeses, illustrates that maxims codified through intertextuality and hypertextuality are more far-reaching than those codified through textuality alone, and emphasizes these legal maxims’ application toaspects of criminal law. I conclude that were it not for juristic methodologies, many objectives of Islamic law would have been misconstrued in the process of identifying the texts’ meanings.

Islamic Law and Muslim Governance in Northern Nigeria: Crimes against Life, Limb and Property in Shari'a Judicial Practice

2010 ◽  
Vol 17 (3-4) ◽  
pp. 375-419 ◽  
Author(s):  
Gunnar Weimann
Keyword(s):  
Criminal Law ◽  
Islamic Law ◽  
Colonial Period ◽  
Northern Nigeria ◽  
Legal Systems ◽  
Property A ◽  
The Past ◽  
Judicial Practice ◽  
Imple Mentation ◽  
Criminal Legislation

AbstractA decade ago, twelve northern Nigerian states introduced Islamic criminal legislation. Many governors of these states supported the move only with reluctance. They were caught between popular demands for the introduction of the shari'a and the exigencies of their office, established by the Nigerian Constitution. Their situation may be compared to that of the colonial period emirs whose legitimacy was closely linked to the imple mentation of Islamic criminal law, but who were forced to implement British orders containing its application. In this article, I analyse the judicial practice of modern shari'a courts with regard to crimes against life, limb and property, a major concern for northern Nigerian Muslims in the past and at present. I conclude that because both the emirs and the governors have been unable to find lasting solutions to the problem of reconciling the two legal systems, they have opted for delaying tactics.

Beyond Textuality in Islamic Legal Exegesis

2014 ◽  
Vol 31 (4) ◽  
pp. 50-72
Author(s):  
Luqman Zakariyah
Keyword(s):  
Criminal Law ◽  
Islamic Law ◽  
Depth Study ◽  
Qur'anic Exegesis ◽  
Muslim Scholars

When studying textuality in the codification1 of Islamic legal maxims (qawā‘id fiqhīyah), it is worth researching how intertextuality and hypertextuality can be used as linguistic mechanisms to help understand Qur’anic texts and how such texts cohere to form legal maxims in Islamic criminal law. An in-depth study of medieval Qur’anic exegetes reveals the length to which Muslim scholars have gone to link texts to extract contextual meanings from the Qur’an and, perhaps, to codify Islamic legal maxims. Two such approaches are intertextuality and hypertextuality. This article examines how the linguistic mechanisms defined herein complement juristic methodology in codifying Islamic legal maxims from Qur’anic exegesis. It explores several relevant exegeses, illustrates that maxims codified through intertextuality and hypertextuality are more far-reaching than those codified through textuality alone, and emphasizes these legal maxims’ application toaspects of criminal law. I conclude that were it not for juristic methodologies, many objectives of Islamic law would have been misconstrued in the process of identifying the texts’ meanings.

scholarly journals Obstacles and Solutions to Enforcement of Hudud in Shariah Courts in Northern Nigeria

2021 ◽  
Vol 4 (4) ◽  
pp. 600-628
Author(s):  
Ahmad Omar Ahmad ◽  
Abdul Samat Musi
Keyword(s):  
Criminal Law ◽  
Legal System ◽  
Islamic Law ◽  
Theoretical Method ◽  
Northern Nigeria ◽  
Sources Of Information ◽  
Legal Documents ◽  
Federal Constitution ◽  
Islamic Jurisprudence ◽  
Northern Regions

This research aims to study the obstacles and solutions related to the application of hudud in Sharia courts in northern Nigeria; This is due to the presence of many problems when applying the hudud in Sharia courts, such as the conflict between the Federal Constitution and the Constitution of the States, especially with regard to the application of the had for theft. The researcher studied the Shariah hudud in general in terms of defining them linguistically and legally, with mentioning their types, while addressing the practical application of Shariah hudud in the Shariah courts in some northern states that were chosen as a model, these states are: Zamfara, Jigawa, Kan, Kaduna, Katsina and Bauchi states.The researcher also touched on the legal system and courts in Nigeria in general and the legal system and Sharia courts in northern Nigeria in particular, and the Islamic penal laws of the states of Zamfara, Kanbuchi and Jigawa were also discussed. The researcher used two scientific research methodologies, including: the inductive theoretical method; where he studied the subject of borders in general and the hudud of theft, especially in jurisprudence blogs, in addition to books, studies, letters, scientific articles, reports and legal documents that were written in this field and stored in libraries, websites and other sources of information. The researcher also used the applied analytical method; Where he studied the issues related to the hudud that were applied in the Sharia courts in northern Nigeria, especially with regard to the hudud of theft, and the study of the obstacles in the application of these hudud in order to find appropriate solutions to them. The researcher reached a number of results, including that Islamic Sharia is the optimal system that should be applied to obtain permanent happiness in this world and the hereafter. The application of legal borders effectively contributes to the elimination of crimes committed and prevalent in Nigerian society, especially in the northern regions. Among the findings of the research, the compatibility of Islamic criminal law with Islamic jurisprudence in most aspects, and the compatibility of the applications of Sharia courts with Islamic law in many cases. The researcher recommends the officials to carry out all the solutions mentioned in the study so that they can better apply the Sharia and implement the Sharia hudud. He also recommends to them the necessity of developing Islamic criminal law to be fully compatible with Islamic law, and the necessity of implementing all judgments issued by Sharia courts.

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