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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Colonialism and the transformation of Islamic law in the northern States of Nigeria
Author:Yadudu, Auwalu H.ISNI
Year:1992
Periodical:Journal of Legal Pluralism and Unofficial Law
Issue:32
Pages:103-139
Language:English
Geographic terms:Nigeria
Northern Nigeria
Great Britain
Subjects:colonialism
Islamic law
Abstract:After a discussion of the concept of customary law and of earlier studies on African law, this article deals with the precolonial legal system in northern Nigeria and analyses the impact of colonialism, particularly indirect rule, and the imposition of English common law on Islamic law in the northern States of Nigeria. The author describes the impact of English law on the substance, form, and methodology of Islamic law, paying attention to the transformation of northern Nigerian criminal law and the adoption of the Penal Code in 1959, the development of other substantive rules of Islamic law whose status was reduced to that of 'appendages', changes in the training of the Islamic judiciary, the imposition of the advocacy system, and the introduction of the doctrine of judicial precedent. In conclusion, the author addresses the question of whether northern Nigeria shall witness the triumph of an expensive, inaccessible and unsuitable judicial system or shall be able to retain the more popular, culturally rooted Islamic legal system. Bibliogr., notes, ref.
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