Shari'ah in Northern Nigeria in the Light of Asymmetrical Federalism

Bolaji, M. H. A.

doi:10.1093/publius/pjp016

Cited by 5 publications

(5 citation statements)

References 15 publications

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“…The federal government considered these "legislative innovations" as unconstitutional, but refrained from blocking them through legal channel given the sensitivity and delicateness of the issue, and attempted political solutions, albeit unsuccessfully, to stop it (Bolaji, 2010;Suberu, 2009). Debates on the constitutional issues and the problematic overlap of jurisdiction remain unresolved (Abba, 2015).…”

Section: Nigeria: Intermittent Impulse and The Domino Effectmentioning

confidence: 99%

“…Debates on the constitutional issues and the problematic overlap of jurisdiction remain unresolved (Abba, 2015). Bolaji (2010) argued that the comprehensive implementation of Sharia "has transformed the legal system by introducing bureaucratic, operational and administrative problems", resulting in "legal incongruity" with the two "distinct penal regimes" in operation and ultimately "a poor quality of justice delivery" (p. 126). On the other hand, Suberu (2009) noted the salutary facts that the entire enterprise took place through a democratic process and within the professed intention to operate within the constitutional framework.…”

Section: Nigeria: Intermittent Impulse and The Domino Effectmentioning

confidence: 99%

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Comparative Study of the Islamisation Process in Malaysia and Nigeria: A Social Movement Theory Approach

Helen Mu Hung Ting,

Tobi Angel Kolawole

2024

JIS

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This exploratory, diachronic study compares the politics of Islamisation, which have undergone different patterns of developmentin both Nigeria and Malaysia. Islamisation is defined as an ideological translation of Islamism into policies to “Islamise” the state andsociety by expanding the scope of the application of Islamic laws and principles. Islamisation in Malaysia has been implemented steadily and progressively since the 1980s. It involves the “inculcation of Islamic values” in a wide range of aspects of society, including the economy. The Islamic penal code or hudud enactments were legislated in two states, but held in abeyance due to their unconstitutionality. In contrast, Nigeria observed the sudden and erratic implementation of hudud in 12 northern states in 1999, along with other bureaucratic adjustments. Adopting an interpretative case study approach of the comparative method of Arend Lijphart, we explain the two contrastive case studies of the ideological translation of Islamism by analysing the manner in which various political opportunities and structural constraints in the respective cases have shaped the Islamisation process. Data gathering was based on an extensive review of the related body of literature. Analysis was conducted using a social movement theoretical framework based on a structured, focused comparison. The dynamic conceptualisation of the state as a set of institutions, which is continually and dialectically reshaped by contentious processes, captures how the bureaucratisation and judicialisation of Islam have modified the nature of state structures and the structure of political opportunities, which in turn allows for additional channels of influence for Islamic activists.

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Section: Nigeria: Intermittent Impulse and The Domino Effectmentioning

confidence: 99%

Section: Nigeria: Intermittent Impulse and The Domino Effectmentioning

confidence: 99%

Comparative Study of the Islamisation Process in Malaysia and Nigeria: A Social Movement Theory Approach

Helen Mu Hung Ting,

Tobi Angel Kolawole

2024

JIS

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“…An asymmetric model comprises political units that correspond to differences of interest, character, and the structural composition that exist within the whole society (Bolaji, 2010). In such a system, the diversities in the larger society express their political representation through the system of local government having varying degrees of autonomy and power.…”

Section: The Asymmetrical Modelmentioning

confidence: 99%

The Concept of Symmetry and Asymmetry in Federalism with a brief sketch of Economic Federalism

Tariq¹

2020

GER

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Asymmetrical federalism is an important concept in the constitutions of Belgium, Canada, Germany and India. This concept has recently given way to a much more sustained intellectual inquiry of philosophical, theoretical, and empirical foundations. It incorporates two different connotations; to some it signifies a positive instrument designed to strengthen the federal values while to others, it carries the meaning of threat and danger to the stability of the state. In symmetry each state is a miniature reflection of the whole political system, the question of differences on any major issue does not arise. Since there is always an equal representation of the states in the spheres of the government, it does not allow any room for special social, economic, or political privileges. The paper also dilates on economic federalism under centralized and decentralized forms within the parameters of three constitutional indicators.

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“…At the same time, persons who present themselves as 'redeemers' often turn out to be traffickers in search of those to prey on; and contrary to provisions such as s. 21 of CRA and art. 21 (2) of ACRWC that prohibits child marriage, the practice continues, especially in the north where enormous controversies surrounding child marriages by public figures does not seem to dissuade errant men (Bolaji, 2010;NAPTIP, 2013). Failure of legal measures to offer meaningful protection is due to a number of challenges highlighted below:…”

Section: Challenges Of Implementing the Child Rights Protection Measumentioning

confidence: 99%

Child Trafficking and Rights Violations: Examination of Child Protection under International and Nigeria Legal Provisions

Ifeakandu¹

2019

BLR

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Across the globe, and on daily basis, children are confronted with various forms of violence, which the international community strives to address, albeit unsuccessfully. The aim of this paper is to evaluate international and Nigeria's efforts towards child protection using the instrumentality of the law; interrogate the effectiveness or otherwise of the international and Nigeria's legal framework for child protection; and make overarching recommendations on how to achieve effective child's rights protection. This is against the backdrop of increased child trafficking, and various forms of violence against children despite the existence of municipal laws and international legal instruments (International Office for Migration (IOM), 2019). The research is basically socio-legal and multidisciplinary in nature; hence the methodology, i.e. the doctrinal method, adopted reflects this. The research relies largely on both legal and non-legal documents, which are subjected to evaluation, interpretation, description, and systematization. These processes culminated in the findings that although efforts-legal and non-legal, towards child protection are being made, children remain in a precarious situation globally, particularly Nigeria; and that failure of child protection efforts arises from several factors that continue to enhance child vulnerabilities. It is on the basis of these findings that the research proffers recommendations that can contribute to the ongoing processes leading to the adoption of effective measures and programmes that will address the challenges facing the international community and Nigeria in tackling child's rights violations.

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Shari'ah in Northern Nigeria in the Light of Asymmetrical Federalism

Cited by 5 publications

References 15 publications

Comparative Study of the Islamisation Process in Malaysia and Nigeria: A Social Movement Theory Approach

Comparative Study of the Islamisation Process in Malaysia and Nigeria: A Social Movement Theory Approach

The Concept of Symmetry and Asymmetry in Federalism with a brief sketch of Economic Federalism

Child Trafficking and Rights Violations: Examination of Child Protection under International and Nigeria Legal Provisions

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