Shari'ah Court and the Role of Muftīs in the Nigerian Judiciary: Mission on Reviving the Lost Glory of Its Past.
Islamic institutions including courts and fatwā have been in existence in Nigeria since the advent of Islam in the country. While the courts were established in order to adjudicate between disputant parties, muftīs were also used as assessors (court officials) responsible for assisting the courts in...
| Publicado en: | Pertanika Journal of Social Sciences & Humanities Vol. 23; pp. 55 - 68 |
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| Autores principales: | , , , |
| Formato: | Artículo |
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Universiti Putra Malaysia
Oct2015 Special Issue
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| Acceso en línea: | Ver este registro en EBSCOhost |
| fields | @attributes: recordID: 1 pdfLink: plink: https://search.ebscohost.com/login.aspx?direct=true&db=hlh&AN=111193407&site=ehost-live header: @attributes: shortDbName: hlh uiTerm: 111193407 longDbName: Humanities International Complete uiTag: AN controlInfo: bkinfo: jinfo: jid: 01287702 TKQ jtl: Pertanika Journal of Social Sciences & Humanities issn: 01287702 maglogo: N pubinfo: dt: Oct2015 Special Issue vid: 23 pid: 20751 pub: Universiti Putra Malaysia artinfo: ui: 111193407 ppf: 55 ppct: 13 formats: fmt: @attributes: type: P size: 6.2MB tig: atl: Shari'ah Court and the Role of Muftīs in the Nigerian Judiciary: Mission on Reviving the Lost Glory of Its Past. aug: au: Chiroma, Magaji Arifin, Mahamad Ansari, Abdul Haseeb Abdullah, Mohammad Asmadi affil: Department of Sharia Law, Faculty of Law, University of Maiduguri, Nigeria Department of Islamic Law, International Islamic University Malaysia, Kuala Lumpur, Malaysia Department of Civil Law, Aikol, International Islamic University Malaysia, Kuala Lumpur, Malaysia su: Islamic courts Muftis (Muslim officials) Courts Islamic law Lawyers Dispute resolution Nigeria sug: subj: Nigeria Islamic courts Muftis (Muslim officials) Courts Islamic law Lawyers Dispute resolution keyword: judiciary role of a muftī Shari'ah Court ab: Islamic institutions including courts and fatwā have been in existence in Nigeria since the advent of Islam in the country. While the courts were established in order to adjudicate between disputant parties, muftīs were also used as assessors (court officials) responsible for assisting the courts in dispensation of justice. When the colonial administrators came, they introduced their legal system to the colonies, which led to a gradual wipe away of some aspects of the Islamic legal system (including the courts and fatwā institutions). The doctrine of the tripartite tests (i.e., the repugnancy test, incompatibility test and public policy test) was introduced into the country's legal system to the extent that the full and hitherto application of Islamic law was modified and some were suspended. Muslims are left with only matters related to civil causes and personal matters. Islamic jurists such as muftīs become functus officio in the Shari'ah Courts. In view of this, the paper explores the possibility of finding an avenue on how to revive the past glory of muftīs in the Nigerian judicial system. Thus, it sets out some modalities on how fatwā can be streamlined to achieving this objective. One of such modalities is to institutionalise fatwā in the country. pubtype: Academic Journal doctype: Article src: R language: English refInfo: copyright: @attributes: flag: Y custom: Copyright of Pertanika Journal of Social Sciences & Humanities is the property of Universiti Putra Malaysia and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. item: Pertanika Journal of Social Sciences & Humanities holder: Universiti Putra Malaysia dt: @attributes: year: 2015 holdings: @attributes: islocal: N |
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