AN ANALYSIS 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 IslamicCivil Procedure enunciated by the classical books are yet to be comprehensively codified to guide Nigerian Courts in conduct ing trials. Unfortunately the poor lev el of knowledge of Islamic procedure r ules 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 Islami c Civil procedure, conditions precedent to commencement of civil action, hearing and determination of disputes. The research ethodology 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 text s on the subject are written in classical Arabic which is technical in nature. The jurisdiction of Shari’a Court of Appeal in Nig eria is limited to Islamic personal Status. Suggestion s were made in the research as proffered solutions to the enumerated findings/observation s.