scholarly journals Debating Diya: Indirect Rule and the Transformation of Islamic Law in British Colonial Northern Nigeria

2021 ◽  
Author(s):  
Rabiat Akande
2019 ◽  
Vol 38 (2) ◽  
pp. 459-493 ◽  
Author(s):  
Rabiat Akande

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?


1992 ◽  
Vol 19 ◽  
pp. 377-385
Author(s):  
A. O. Nwauwa

The successful implementation of the Lugardian system of indirect rule among the Igbo eluded British colonial officials. In Northern Nigeria the British had effectively used the Fulani aristocrats in implementing the system. The Fulani were believed to represent a superior caste of nomads who possessed superior ideas of centralization, organization, and administration. Since the Aro were able to organize their spectacular slave- trading network in the eighteenth and nineteenth centuries, the British assumed that, like the Fulani, they represented equally superior elements, and so could be used to implement the indirect rule policy in Igboland. Or, if they did not possess a centralized administration as the Fulani, which could be effectively utilized, one could be invented for the occasion.As a result the Aro began to agitate British colonial officers and anthropologists, designing to show their “foreignness” to the Igbo. British officials quickly rejected that the Aro were Igbo. Because the Igbo were acephalous the British had regarded them as very “primitive,” thus incapable of any remarkable organization or innovation. Since colonialism justified itself by the contention that, left alone, Africans were incapable of any meaningful advance, it was only logical for the British to look outside Igboland and Africa for the origin of the Aro. Consequently, Aro colonial historiography became suspect.


2018 ◽  
Vol 63 (3) ◽  
pp. 449-476
Author(s):  
Sarah Kunkel

AbstractThis article analyses the implications of the Forced Labour Convention of 1930 on colonial labour policies for road labour carried out under chiefs in the Gold Coast. The British colonial administration implemented a legal application of the convention that allowed the continuation of the existing system of public works. In the Gold Coast, the issue of road labour was most prominent in the North, where chiefs maintained the majority of roads. Indirect rule became crucial in retaining forced labour in compliance with the convention. This article focuses on “hidden strategies” of British colonialism after 1930, contrasting studies of blatant cases of forced labour. The analysis is based on a close scrutiny of the internal discourse among colonial officials on the question of road labour and the Forced Labour Convention.


2012 ◽  
Vol 52 (1) ◽  
pp. 51-68 ◽  
Author(s):  
Philip Ostien ◽  
Abdul-Fatah 'Kola Makinde

AbstractThis paper is about metropolitan Lagos—under the British only a "township", though long Nigeria's capital. From early in its history the percentage of Muslims living in Lagos has been high, somewhere around fifty percent. There is a long history of attempts by activists among the Lagos Muslims, none yet successful, to persuade the authorities pro tem to establish Sharia Courts for the use of Muslims, to which they could take their civil matters for adjudication under Islamic law. After briefly introducing Lagos, we describe one of these attempts: the 1894 petition of the Lagos Muslims to their British colonial masters, and its outcome, paying particular attention to the pluralistic legal environment in which it was made. This early petition—or rather the facts that it was made, and that it failed, all context having been forgotten—lives on in the thinking of many Nigerian Muslims today as another example of British hostility to Islam, often held to be responsible for the failure of Islamic law to thrive in the predominantly Yoruba southwest of which Lagos is a part. This paper is an attempt to restore the context, and thus perhaps to help improve the analysis of the fate of Islamic law in Nigeria's southwest.


2019 ◽  
pp. 12-25
Author(s):  
Katherine Isobel Baxter

Chapter One provides an account of the history of colonial and postcolonial Nigeria, focusing particularly on politics and law. The chapter recounts the long history of British colonial presence in West Africa and explains the introduction of indirect rule as a system of colonial government from the turn of the century. Some of the impacts of indirect rule are considered through reference to Obafemi Awolowo’s memoir, Awo, and Chinua Achebe’s novel, Arrow of God. The chapter also sketches out the divisions that indirect rule fomented and the resistance to which it gave rise. Finally, the chapter explains the implications of indirect rule for the implementation of law in Nigeria both during colonial rule and following independence.


Author(s):  
Sarah Eltantawi

This chapter is a step by step recounting of the trials and appeals of Amina Lawal from 2002-2003. The chapter analyzes the form and substance of both the prosecution’s and the defense’s arguments. It also focuses on legal education in Northern Nigeria and traces changes to the Nigerian penal code brought forth by the colonial encounter. Such changes include the use of the Nigerian constitution in an Islamic trial and eschewing jurisprudential arguments for arguments that eminate from primary texts, a practice that I call indicative of “post-modern shar’iah.” The chapter further expands on the concept of “legal warfare” initiated by the British against Islamic law.


Author(s):  
Todd M. Thompson

This chapter follows Norman Anderson’s attempts to foster legal reform in Northern Nigeria in the late 1950s by criticizing indirect rule and appealing to reforms associated with the Arab world. Despite his criticism of imperialism, Anderson developed contacts in Britain’s Colonial Office and utilized British imperial networks to attempt to spread reform strategies popularized by scholars in Egypt to countries emerging out of formal British imperial rule. Anderson was particularly concerned about restricting traditional approaches to criminal law in Northern Nigeria and justifying this restriction on grounds popularized by Arab thinkers that seemed to find wide support amongst Muslims.


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