Critical Appraisal of the Practice of Codification of Islamic Criminal Law in the Muslim World

Description

Download Critical Appraisal of the Practice of Codification of Islamic Criminal Law in the Muslim World. Islamic studies students who are writing their projects can get this material to aid their research work.

Abstract

In the year 2000 Zamfara State Government initiated a re-introduction of the application of Islamic Criminal Law on the Muslim subjects of the State. This was followed by other states of Northern Nigeria, either willingly or in response to popular pressure mounted by their subjects. The initiative of reintroduction of the Shari’ah led to the codifications of Shari’ah offenses.

The codification was necessitated by constitutional requirements on fair hearing which provide that acts or omissions amounting to criminal responsibility must be reduced into the legislation of either National Assembly or States’ Houses of Assembly. However, codification of Islamic Criminal Law is, on the other hand, alien to the classical tradition of Islamic Law.

Judges under the Ideal Islamic settings are expected to refer to the primary sources consisting of Qur’an and the Sunnah as well as the secondary sources which are, by and large, the products of Ijtihad such as Ijma’ Qiyas, Masalihul Mursala, Sadduz – zaree’ah, Amalu Ahill Madina, etc for adjudication.

Based on this some Muslim Jurists vehemently opposed the codification of Islamic Criminal Law contending that it stagnates the Shari’a Law, deprives it of its dynamism as it prevents judges from taking recourse to the original sources of the law.

Introduction

This chapter aims at setting out the general framework of this study. The chapter, in general terms, draws out the research plan for the entire study. In pursuance of this objective, the chapter explores the historical origin of the implementation of Shari’ah in Nigeria which forms the theoretical background of the study.

The Chapter also proposes the Statement of the research problem for the dissertation. The above was followed up with the review of the relevant and related literature to assess the existing body of knowledge on the topic at hand.

With a view to bringing out the gaps in the existing body of knowledge and the original contribution this study modestly makes to the literature on the subject – matter.

Other issues on the general research plan, such as scope and limitation, methodology, significance, and justification of the study were similarly treated in this chapter. The chapter then concludes with remarks on the organizational layout and the structure of the research work.

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