AN INVESTIGATION OF ISLAMIC CIVIL
PROCEDURE IN NIGERIA
ABSTRACT
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
jurisprudence.
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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