Islamic Law and Legal Hybridity in Nigeria

Lawan, Mamman

doi:10.1017/s0021855314000151

Cited by 9 publications

(5 citation statements)

References 8 publications

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“…94 In order to shape the culture and principles of governance in light of the tenets of sharia, institutions such as Shari'ah, Zakkah, and Hubusi commissions, as well as a Hisbah board, have been established in these states. 95 Shariacracy has not only been implemented in a liberal constitutional system, but it also accepts the supremacy of the constitution. The 12 sharia-implementing states justify the reintroduction of sharia into their states based on different sections of the constitution itself, not by rejecting its existence or supremacy.…”

Section: Intra-regional Ethnic Diversity In Ethiopiamentioning

confidence: 99%

The identity of the constitutional subject and the construction of constitutional identity: lessons from Africa

Gebeye

2023

Comparative Constitutional Studies

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In this article, I introduce a degree of novelty into the scholarship on the nexus between constitutional identity and the constitutional subject. I do so by pluralizing both the territorial space constitutional identity exists and the constitutional subject it interacts. Drawing from the African Union continental constitutional framework, the Ethiopian national constitutional experience, and the Nigerian subnational constitutional practice, I show how the three-tiered political identity of the constitutional subject – Pan-African, national, and subnational- shapes the construction of constitutional identity at various levels differently. While the Pan-African identity of the constitutional subject assists in imagining a cosmopolitan constitutional identity at the continental level, the sub-national identity of this same constitutional subject supports the establishment of a unique constitutional identity at the national (Ethiopia) and subnational (Nigeria) levels. I demonstrate how the identity of the constitutional subject and its accompanying social and political movements offer a relevant material for the construction of constitutional identity, and how this, in turn, may shape, facilitate, or complicate the practice of constitutionalism in the African context.

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Section: Intra-regional Ethnic Diversity In Ethiopiamentioning

confidence: 99%

The identity of the constitutional subject and the construction of constitutional identity: lessons from Africa

Gebeye

2023

Comparative Constitutional Studies

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“…The House of Assembly of the state adopted the law. 120 Following Zamfara, eleven other Northern states -Kano, Katsina, Niger, Bauchi, Kaduna, Sokoto, Borno, Gombe, Kebbi, Jigawa and Yobeadopted Sharia into their criminal law domain. 121 In addition to the extension of Sharia into the criminal justice system, Sharia has been central in the public policy priorities of the North with respect to the enforcement of rights, delivery of social justice and economic development, and in holding government officials accountable.…”

Section: Shariacracymentioning

confidence: 99%

Global constitutionalism and cultural diversity: The emergence of jurisgenerative constitutionalism in Africa

Gebeye

2020

Glob. Con.

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This article examines the path of global constitutionalism and its encounter with cultural diversity in Africa. It situates the phenomenon of global constitutionalism in the late nineteenth century and traces some of its tectonic transformations since the inauguration of the liberal international order. Besides referring to the processes of and calls for the constitutionalization of the international legal regime and the emergence of global constitutional law, global constitutionalism played a constitutive role for constitutionalism in Africa. As constitutionalism in Africa is configured within a biosphere of global constitutionalism and cultural diversity, their dynamic interplay leads to the emergence of jurisgenerative constitutionalism, which is procedurally and normatively open to accommodate a plural conception of rights, justice and values. As a result, what is constitutionally permissible and what is not cannot simply be determined by an attachment to either global constitutionalism or cultural diversity. Rather, it is the interaction of global constitutionalism and cultural diversity in time and place that dictates what the constitutional practice or outcome should look like. By taking the women’s rights jurisprudence related to customary and Islamic laws and the phenomenon of Shariacracy as themes of analysis, and Nigeria as a case study, this article explores how the emergence of jurisgenerative constitutionalism mediates global constitutionalism and cultural diversity in Africa. By bringing in the African experience, the article sheds some light on the range of theoretical and practical possibilities available to the emerging field of global constitutionalism.

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“…122 Two months after his inauguration, he set up a law review committee and based on its recommendation proposed a bill to fully implement sharia penal law in the state through the adoption of sharia penal and procedure codes, and the reorganization of the judiciary in line with the tents of sharia, which the House of Assembly of the state adopted. 123 Following Zamfara, 11 other Northern states adopted sharia into their criminal law domain. 124 These states neither declared sharia for the whole of Nigeria, nor even to Northern Nigeria.…”

Section: The Success and Failure Of Federalism In Africa: Rethinking The Standards Of Assessmentmentioning

confidence: 99%

Federal Theory and Federalism in Africa

Gebeye¹

2020

VRÜ

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This article examines the African experiment with federalism in light of classic federal theory with the objective of identifying and illuminating patterns of convergence and divergence and the consequences thereof. Classic federal theory offers explanations for the origin, formation, structures, and success and failure of federalism. This article, drawing from the experience of Nigeria, Ethiopia, and South Africa, reveals that while federalism in Africa shares the forms, structures, and discursive practices of classic federal theory, its normative articulations and institutional frameworks are animated by syncretic configurations. As a result, federalism transforms its purpose, fundamental elements, and operations in Africa. As federalism follows new pathways in Africa, this article shows how its system of operation and standards of assessment take a similar course. Against the central ethos of classic federal theory, federalism in Africa manages to operate and, to the extent possible, deliver its purpose mainly without liberal constitutionalism. This article argues that if federalism has to ensure the practice of constitutional democracy in Africa then democratic values, human rights, and constitutional considerations should animate its normative and institutional underpinnings as in classic federal theory.

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Islamic Law and Legal Hybridity in Nigeria

Cited by 9 publications

References 8 publications

The identity of the constitutional subject and the construction of constitutional identity: lessons from Africa

The identity of the constitutional subject and the construction of constitutional identity: lessons from Africa

Global constitutionalism and cultural diversity: The emergence of jurisgenerative constitutionalism in Africa

Federal Theory and Federalism in Africa

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