|
 PREFACE TO VOLUMES I - V
1. Sharia implementation.
Alhaji Ahmad Sani, Yariman Bakura, was elected Governor of Zamfara State in the elections held on 9 January, 1999 – the first such elections after fifteen years of military rule in Nigeria. Zamfara State, in Nigeria’s far north, has a predominantly rural population of about three million, of which perhaps 84% are Muslim. Governor Sani was its first elected governor, the state only having been created (out of Sokoto State) in 1996.
Governor Sani says that during his campaign:
In any town I went to, I first started with kafaral, which is chanting Allahu Akbar thrice. Then I always said, “I am in the race not to make money, but to improve on our religious way of worship, and introduce religious reforms that will make us get Allah’s favour. And then we will have abundant resources for development.”
This promise was little noticed outside Zamfara during the campaign. But after his inauguration on 29 May, 1999, Governor Sani proceeded to make it good – at least as to the religious reforms – and thus began a new chapter in the history of Nigeria’s Muslims and of their relations with their non-Muslim neighbours and (since 1900 or so) compatriots.
“Religious reforms that will make us get Allah’s favour”. By this Governor Sani did not mean reforms of the religion, of Islam. He meant reforms of the laws and institutions of Zamfara State, to bring them more into conformity with Islam – in particular with Islamic law, with Sharia. “Sharia implementation”, as the reforms quickly came to be called, has been effected primarily by legislation at the State and Local Government levels, aimed at making the legislating jurisdictions, in various ways, more “Sharia compliant” than they had formerly been. After Zamfara showed the way eleven other States – Bauchi, Borno, Gombe, Jigawa, Kaduna, Kano, Katsina, Kebbi, Niger, Sokoto and Yobe – followed with similar legislative programmes. The range of matters touched on has been impressive:
- new State Sharia Courts have been established, to apply the full range of Islamic law, civil and criminal, to Muslims; appeals from the Sharia Courts in all matters have been directed to the State Sharia Courts of Appeal;
- Islamic criminal law has been reinstated, in the form of new Sharia Penal and Criminal Procedure Codes applicable in the Sharia Courts to Muslims;
- a wide range of other legislation has been directed at particular “social vices” and “unIslamic behaviour” like the consumption of alcohol, gambling, prostitution, unedifying media, and excessive mixing together of unrelated males and females;
- two States – Zamfara and Kano – uniquely among all Nigerian States – have even tackled the pan-Nigerian problem of corruption, setting up their own statutory Public Complaints and Anti-Corruption Commissions in accordance with Islamic principles;
- other institutions have been established – State Sharia Commissions and Councils of Ulama with important advisory and executive functions; boards for the collection and distribution zakat (alms) taxes; hisbah organisations to monitor and try to enforce Sharia compliance, but also to engage in mediation and conciliation within the society; and others; – all with the aim of deepening and enforcing the application of Sharia law in the lives of the Muslims of the Sharia States.
Not all twelve States have done all these things, and what has been done has been done differently from State to State, and with different degrees of enthusiasm, persistence, and effectiveness on the part of the State Governments, each with its own ethnic and religious mix of peoples to appease. Care has been taken to try and keep within the Constitution and Laws of the Nigerian Federation, whose supremacy all Sharia States have acknowledged. Subject to these variations and within these limitations, the fact remains that the Sharia States have gone quite far towards the re-establishment of Islamic law within their borders, at least for Muslims, and the implementation of traditional Islamic values as the official policies of their governments. Sharia implementation in Northern Nigeria is a highly interesting set of experiments in the adaptation of Islam, and of large populations of Muslims, to the modern age and to modern forms of government, and of the modern age to them. ...
Visit Sharia Implementation in Northern Nigeria 1999-2006: A Sourcebook Download Page
You can download the publication in PDF format.
By Philip Ostien
First published 2007
Spectrum Books Limited
ISBN: 978-978-029-837-1
CONTENTS:
Volume I: Historical Background
* Preface to Volumes I - V
* Some Demographic Data: Nigeria's Sharia States
* Chapter 1: Historical Background
1. Introduction to Chapter 1: the Settlement of 1960 and Why It Still Matters Today
Philip Ostien and Sati Fwatshak
2. The Settlement of 1960: Who was Who
Compiled by Sati Fwatshak and Philip Ostien
3. Report of the Panel of Jurists Appointed by the Northern Region Government to Examine the Legal and Judicial Systems of the Region, 10th September 1958
4. Statement by the Government of the Northern Region of Nigeria on the Reorganisation of the Legal and Judicial Systems of the Northern Region, September 1958
5. Documents and Other Information Received by the Panel of Jurists During its Second Session, 24th May through 4th June 1962
6. Report of the Panel of Jurists: Second Session, 4th June 1962
7. Statement made by the Government of Northern Nigeria on Additional Adjustments to the Legal and Judicial Systems of Northern Nigeria, June 1962
Volume II: Sharia Implementation Committee Reports and Related White Papers
* Chapter 2: Sharia Implementation Committee Reports and Related White Papers
1. Introduction to Chapter 2
Philip Ostien
2. Report of the Bauchi State Sharia Implementation Committee, submitted to the Executive Governor of Bauchi State on 29th September, 2000
3. On the Adoption and Implementation of Sharia Legal System in Zamfara State: a paper presented on 6th July 2000
Ahmed Bello Mahmud, then-Attorney-General of Zamfara State
4. White Paper on the Report of the Committee on the Implementation of Sharia in Kebbi State: June, 2000
5. Report of the Committee for the Implementation of Sharia in Kebbi State, submitted to the Executive Governor of Kebbi State on 18th January, 2001
* Supplementary Materials
1. Interim and Final Reports of the Committee Set up to Advise the Sokoto State Government on the Establishment of Sharia, submitted to the Executive Governor of Sokoto State on 13 October, 1999 and 16 December, 1999, respectively
2. Report of the Technical Committee on Constitutional Provisions for the Application of Sharia in Katsina State, January 2000
3. Report of the Committee on the Implementation of Sharia in Kebbi State, submitted to the Executive Governor of Kebbi State in early 2000
4. Report of the Committee on Application of Sharia in Borno State, submitted to the Executive Governor of Borno State in April 2000
5. Records of Visits of the Niger State Advisory Council on Religious Affairs (NISACORA) to Niger State Local Government Areas and to Zamfara State, June, July and August 2000
6. Bauchi State Government White Paper on the Report of the Bauchi State Sharia Implementation Committee, November 2000
7. Interim Report of the Borno State Sharia Implementation Committee, March (?) 2001
8. Report of the Bauchi State Task Force on Sharia Implementation, 14 August 2001, Volume I: Main Report of the Task Force
9. Report of the Bauchi State Task Force on Sharia Implementation, 14 August 2001, Volume V: Major Activities of the Task Force
Volume III: Sanitizing Society
* Chapter 3: Sanitizing Society
1. Introduction to Chapter 3
Philip Ostien
2. Changes in the Law in the Sharia States Aimed at Suppressing Social Vices
Philip Ostien and M.J. Umaru
3. Sharia Implementation and Female Muslims in Nigeria's Sharia States
Jamila M. Nasir
4. Documentary Materials
1. Omnibus laws
2. Corruption
3. Liquor
4. Gambling
5. Sexual immoralities
6. Other matters related to women
7. Unedifying media
8. Other social vices
Volume IV: The Sharia Penal and Criminal Procedure Codes
* Chapter 4: The Sharia Penal Codes
1. Introduction to Chapter 4
Philip Ostien
2. The Making of the Zamfara and Kano State Sharia Penal Codes
Ibrahim Na'iya Sada
3. Harmonised Sharia Penal Code Annotated
4. Niger State Penal Code Amendment Law 2000
5. Katsina State Islamic Penal Code System (Adoption) Law 2000
6. Conversion Table: Penal Code of 1960 to Harmonised Sharia Penal Code
7. Conversion Table: Harmonised Sharia Penal Code to Penal Code of 1960
8. Sections of the Penal Code of 1960 Omitted in the Harmonised Sharia Penal Code
9. Sections of the Harmonised Sharia Penal Code Omitted in the Penal Code of 1960
* Chapter 5: The Sharia Criminal Procedure Codes
1. Introduction to Chapter 5
Philip Ostien
2. On Islamic Criminal Procedure: from the Final Report of the Committee set up to Advise the Sokoto State Government on the Implementation of Sharia [PDF Format]
3. Report of the Committee Appointed to Prepare [Sharia] Criminal Procedure Code for Sokoto State
4. Harmonised Sharia Criminal Procedure Code Annotated [PDF Format]
5. Kano State Criminal Procedure Code Amendment Law 2000 Annotated [PDF Format]
6. Conversion Table: Criminal Procedure Code of 1960 to Harmonised Sharia Criminal Procedure Code
7. Conversion Table: Harmonised Sharia Criminal Procedure Code to Criminal Procedure Code of 1960
8. Sections of the Criminal Procedure Code of 1960 omitted in the Harmonised Sharia Criminal Procedure Code
9. Sections of the Harmonised Sharia Criminal Procedure Code omitted in the Criminal Procedure Code of 1960
* Supplementary Materials
1. Some Parts of Crimes & Their Punishments, a report produced by the Borno State Council of Ulama and presented to the Borno State Government on 1st June, 2001
2. Two reports of the Kaduna State Government Committee on the Harmonisation of Drafts of the Sharia Penal Code and Sharia Criminal Procedure Code Laws
Volume V: Two Famous Cases
* Chapter 6: Two Famous Cases
1. Introduction to Chapter 6
Philip Ostien, Sama'ila A. Mohammed and Ahmed S. Garba
2. Proceedings and Judgments in the Safiyatu Hussaini Case
1. In the Upper Sharia Court, Gwadabawa
2. In the Sharia Court of Appeal, Sokoto
3. Proceedings and Judgments in the Amina Lawal Case
1. In the Sharia Court, Bakori
2. In the Upper Sharia Court, Funtua
3. In the Sharia Court of Appeal, Katsina
4. Bibliography of Islamic Authorities Cited
Compiled by Ahmed S. Garba and Philip Ostien
5. Glossary of Islamic Legal Terms Used
Compiled by Sama'ila A. Mohammed
6. Brief Biographies of the Judges
Compiled by Philip Ostien
7. On Defending Safiyatu Hussaini and Amina Lawal
Aliyu Musa Yawuri
 |
eBook Categories 
Subscribe to the RSS feed.