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AN INVESTIGATION OF ISLAMIC CIVIL PROCEDURE IN NIGERIA

AN INVESTIGATION OF ISLAMIC CIVIL

PROCEDURE IN NIGERIA

ABSTRACT

As a result of interactions between individuals, it is normal for dispute

to arise. Islamic Law had provided the procedures through which

such dispute can be judicially determined. Nigerian Courts are

enjoined to apply procedural Rules enunciated by Makili School of

jurisprudence.

Full application of Islamic Civil procedure in Nigeria has been limited

by some statutes. Most of the texts on Islamic Civil Procedure are

classical and written in Arabic language. The rules of Islamic Civil

Procedure enunciated by the classical books are yet to be

comprehensively codified to guide Nigerian Courts in conducting trials.

Unfortunately the poor level of knowledge of Islamic procedure rules

among lawyers and the lower courts judges has led to incorrect

appreciation and application of the rules.

The scope to be covered by this research is: the sources of Islamic

Civil procedure, conditions precedent to commencement of civil action,

hearing and determination of disputes. The research methodology of

the thesis is doctrinal and analytical.

In the course of the research, some findings or observations were

made. The research found that there is no clear distinction between

substantive and procedural law in Islamic Law and most of the texts

on the subject are written in classical Arabic which is technical in

nature. The jurisdiction of Shari’a Court of Appeal in Nigeria is limited

to Islamic personal Status. Suggestions were made in the research as

proffered solutions to the enumerated findings/observations.

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Updated: March 9, 2016 — 9:52 pm

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