5 - Challenges of legal pluralism Sharia law & its aftermath

Summary

Introduction

The adoption of ‘full’ Sharia – both personal and criminal law – by twelve northern states after 1999 intensified the divide, tension and conflict among the adherents of Nigeria's two major religions, Islam and Christianity. One of the main challenges of designing legal institutions in post-independence Nigeria has been the accommodation of the needs of diverse religious and ethnic groups. Cultural pluralism and access to justice by various ethnic and religious groups have been addressed through different legal frameworks. Every constitution since independence has made provisions for the recognition of customary law and Islamic law, in addition to the English common law inherited through colonization. Balancing the need for an equitable and just legal system, and demand for recognition of religious and ethnic justice systems has been challenging. Customary and Islamic courts were recognized by law because of the support they enjoy at the grassroots level as an effective means of dispute resolution. Today, the three major legal traditions in Nigeria are customary law, Islamic law (Sharia) and English law (common law). Together, these divergent systems comprise the complex body of law that is practised and enforced in Nigeria, making it an exemplary case of legal pluralism. The coexistence of different normative legal orders and enforcement mechanisms under one legal system, as we shall see, presents multiple challenges. Moreover, it should be recognized that each of these systems has considerable legitimacy in (parts of) the Nigerian population. This is particularly true for Sharia, which is widely supported among Muslims – as well as some Christians – in northern Nigeria.

In this chapter we explore the historical roots of the demand for Sharia law within Muslim communities in northern Nigeria. We then proceed to explore the implementation of Sharia law after 1999, drawing attention to substantive and procedural problems that emerged in the process. We then explore the religious violence that occurred in the wake of Sharia declaration. Specifically, we look at the accusations of Islamization and the allegation that Sharia law is undermining the evolution of a single state law for all Nigerian citizens. Finally, we suggest that the experience of Sharia law implementation might best be understood in the context of the concept of legal pluralism. This is a richer historical institutionalist approach to understanding the legal system in northern Nigeria, which has the added potential of defusing religious tensions around Sharia implementation.