Sharia Court

Question 1

Since the inception of the present civilian government, what happened

Answer 1

Many northern states have adopted Islamic legal code and created the Sharia Court following the precedent set by the government. The focus will be on the Zamfara state government.

Question 2

Under what law did the zamfara state government establish the following court: Sharia Court, higher Sharia Court, upper court

Answer 2

Sharia Court Law 1999

Question 3

When is a Sharia Court law properly constituted

Answer 3

It is duly constituted when and if presided over by a single Sharia Court alkali. This applies to that of the upper Sharia Court only in its original jurisdiction. The appellate, if presided by over at least two Sharia Court alkali to hear and determine appeals from the judgment or orders of the Sharia Court

Question 4

Where does the appeal Court have jurisdiction to.hear and determine cases

Answer 4

Sharia Courts have,jurisdiction to hear and determine: (a) Civil proceedings in Islamic law in which the existence or extent of a legal right, power, duty, liability, privilege, interest, obligation or claim (due tó an individual or individuals or the State) is in issue, or
(b) Criminal proceedings in Islamic law involving or relating to any offense, penalty, forfeiture, punishment, or other liability in respect of an offense committed by any person or against the state,

Question 5

Where shall appeal lie from

Answer 5

Appeal shall lie from all decisions of the Sharia courts in civil or criminal proceedings to the upper Sharia Court within the same territorial jurisdiction sitting in its appellate jurisdiction.

Question 6

Is it true that the creation of such court should be in the pursuit of religion?

Answer 6

This is absolutely false. Even the constitution prohibits such.

Question 7

What happened in the cases of Aoko v. Fagbemi, Muninga v. Muninga, Maidu v. Modu

Answer 7

The criminal jurisdiction of any court in Nigeria can only extend to offense under a written law.

Question 8

It has also been held in number of cases that the jurisdiction of the Sharia Court must, in all cases, savor Islamic procedural law. Thus, no law can whittle down or expand the jurisdiction of the Sharia Court of Appeal as conferred by the Constitution except if permitted by the constitution itself. Use a case law to back this up

Answer 8

Ojisua v. Aiyebelehin