AN INVESTIGATION OF ISLAMIC CIVIL
PROCEDURE IN NIGERIA
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
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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