Sharia Court Of Appeal Flashcards
When was the Sharia Court of Appeal established
In 1960, after replacing the mosley court of appeal after it was considered unsatisfactory
At the time of establishment, what was the law governing the Sharia Court of Appeal
Section 12 of Sharia Court of Appeal Law conferred on it jurisdiction as it relates to wills, family, marriage, divorce, and so on all pertaining and related to the Muslim way of life. It also grants this court jurisdiction to hear and try matters outside the Muslim personal law.
Was there any controversy on its establishment
Yes
What does section 275 provide
Each state shall set up the Sharia Court of Appeal if it wishes to do.
This is the establishment
(2) it shall consist of a grand kadi and such number of kadi as may be prescribed by the house of Assembly of the state.
Section 276. Any idea as to what it constitute?
It points on the appointment of Grand kadi and kadi.
(1) appointment of grand kadi by president on recommendation of NJC subject to confirmation of state house
(2) for a kadi
(3)requirement to hold office in this case, he is a legal practitioner & has practiced for nothing less than 10 years and has knowledge of Islamic law (b) he attended and obtained a certificate a recognized qualification and has held such for nothing less than 10 years
(4) Vacancy or unable to perform his duty
(5) exception to sub 4
It grants that in accordance with its existing jurisdiction, it is empowered to exercise such appeallate and supervisory jurisdiction in civil proceedings involving questions of Islamic personal law which the Court is competent to decide in accordance with subsection 2 of section 277.
What subsection is this
Section 277 (1)
What does section 277 (2) provide
(a) any question relating to marriage
(b) where all parties to the proceedings are Muslim
(c) any question of Islamic personal law regarding a gift, willsucessor of a dead person
(d) any question of law regarding an infant, prodigal, or person (e) all the parties requesting to hear the case in accordance with the Islamic personal law
It is agreed that Section 277 of the 1999 Constitution is parie material with the proviso of section 242 of the 1979 Constitution. However, there is a slight difference. True or False
True
The question on whether the omission of “personal” by Decree 107 of 1993 and Decree 26 of 1986 had increased and extended the jurisdiction of the Sharia Court of Appeal
This issue arose in Maidu v. Modu.
Appellants: Individuals suing for a declaration of title to farmland.
Respondents: Defendants in the original suit.
Courts Involved
1. Mobbar Area Court, Damasak, Borno State: Initial court where the appellants won the case.
2. Upper Area Court, Kukawa: The respondents appealed here, but the appeal was dismissed, upholding the Area Court’s judgment.
3. Borno State Sharia Court of Appeal, Maiduguri: On further appeal, this court allowed the appeal, set aside the Area Court’s decision, and ordered a retrial by the Upper Area Court.
4. Court of Appeal: The appellants appealed here, contesting the jurisdiction of the Sharia Court of Appeal over the matter.
Key Legal Issue:
- Whether the Sharia Court of Appeal had jurisdiction to entertain a land matter not involving Islamic personal law.
Court of Appeal Decision:
The Court of Appeal held that the Sharia Court of Appeal did not have jurisdiction over the matter.
- It stated that the omission of the word “personal” from the jurisdictional provision did not expand the Sharia Court of Appeal’s jurisdiction to cover non-Islamic personal law matters.
Is this statement true.
Some states have recently adopted the Islamic legal code, which establishes the Sharia Court of Appeal. Section 43 of the Zamfara State Sharia Court law 1999
True. However, the provision appears to be contrary to the letters and spirit of the 1999 constitution.
What was in issue in the case of Haji Hamma v. Isa Ardo Manu
The issue was a title to land. The court held that the Sharia Court of Appeal has no jurisdiction to determine any matter which is not an issue of Islamic personal law.
Section 244 (1) -
section 244(1) of the 1999 constitution, an appeal shall lie fromn decisions of a Sharia Court of Appeal to the Court of Appeal as of right in any civil proceedings before the Sharia Court of Appeal with respect to any question of Islamic personal law, which te Sharia Court of Appeal is competent to decide.
