2022 CONFERENCE ON ISLAM IN NIGERIA

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    Nigerian Muslims and the Intrigues of the 1999 Constitution as Amended: An Examination of Its Principles in the Context of Islamic Law. (Download)

    Author(s):
    Busari, Jamiu Muhammad , bmjamiu@gmail.com,

    Abstract: The sovereignty of the Nigerian 1999 Constitution as amended over its citizens is absolute and binding. These citizenries include Muslims and non-Muslims who are also adherents of some professed religions with their distinct religious texts and practices. In this regard and despite the absolute power ascribed to this Constitution, Nigerian Muslims like other Muslims are also expected to adhere strictly to all Islamic precepts as enjoined in the Qur'an and Sunnah amidst the imposition of British-inclined legal system on which the 1999 Constitution was codified. Though, the present Constitution was enthroned on the Country's nascent democracy by the Military Junta, its constitutionality and appropriateness to Nigerian diverse religious and cultural identities has become a lingering debate for over two decades. To this end, this paper through an analytical method examines some of the principles of the 1999 Constitution such as Shariah application in Nigeria and the syndrome of secularism in the context of Islamic law as they affect Nigerian Muslims in both public and private lives. It was then revealed that despite the recognition of Shariah as a source of law by the Constitution, its applicability and enforcement has been demeaned for decades while the Country under its various leadership has failed to defined the concept of secularism through which the nation's activities should be operated. The paper then suggested that to overturn this incongruity, Nigerian Muslims should renew their concerted agitation for total application of Shariah and enforcement of its jurisdictions from lower to apex Courts of the land.