Colonialism and the Transformation of Islamic Law

Yadudu, Auwalu H.

doi:10.1080/07329113.1992.10756437

The Journal of Legal Pluralism and Unofficial Law

1992

DOI: 10.1080/07329113.1992.10756437

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Colonialism and the Transformation of Islamic Law

Auwalu H. Yadudu¹

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Cited by 7 publications

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Islamic Law and Legal Hybridity in Nigeria

Lawan¹

2014

J. Afr. law

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The British colonial administration created a hybrid legal system in Nigeria where English, Islamic and customary laws apply. The English system, having a written constitution, was made dominant and the other laws apply to the extent permitted by it. However, Muslims in the northern part of the country have been making efforts to reverse this dominance, including the recent re-introduction of Islamic criminal law by 12 states. This effort is seen to be revolutionary, reverting the states to the position when Islamic law applied in full, devoid of colonial influence. This article asks whether this can break the legal hybridity and answers in the negative, arguing instead that the effort accentuates the hybridity. For example, the re-introduction of Islamic criminal law is enabled by the constitution, the constitution institutionalises the hybridity and the 12 states operate, and are bound by, the constitution. The article discusses other variables depicting the hybridity and concludes that it was a conscious colonial act, nearly impossible to break.

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Islamic Law and Legal Hybridity in Nigeria

Lawan¹

2014

J. Afr. law

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A butterfly that thinks itself a bird: the identity of customary courts in Nigeria

Diala

2019

The Journal of Legal Pluralism and Unofficial Law

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Kadis (Judges) of the Sharia Court of Appeal: The Problems of Identity, Relevance, and Marginalisation Within the Nigerian Legal System

Oba

2004

J. of Commonwealth Law & Legal Educ.

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Colonialism and the Transformation of Islamic Law

Cited by 7 publications

References 1 publication

Islamic Law and Legal Hybridity in Nigeria

Islamic Law and Legal Hybridity in Nigeria

A butterfly that thinks itself a bird: the identity of customary courts in Nigeria

Kadis (Judges) of the Sharia Court of Appeal: The Problems of Identity, Relevance, and Marginalisation Within the Nigerian Legal System

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