A Handbook on Sharia Implementation in Northern Nigeria PDF Download
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Author: Muhammed Tawfiq Ladan
Publisher:
ISBN:
Category : Children
Languages : en
Pages : 216
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Author: Muhammed Tawfiq Ladan
Publisher:
ISBN:
Category : Children
Languages : en
Pages : 216
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Author: Adeola Babatunde
Publisher: Lulu.com
ISBN: 1326013823
Category : Law
Languages : en
Pages : 68
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Nigerian women are undeniably Nigerians. The status bestow on them, rights and privileges enjoyed by other Nigerians. More so, statistics reveals that they constitute 69,086,302 of Nigeria's 140,431,790 population. This book examines the enforcement of women's rights as human rights in Nigeria. In doing this, it considers customs, constitution, laws, policies, courts' decisions as the court is the last hope of the common man and the place of obligations-imposing international and regional treaties ratified by Nigeria. Also it examines the difficulty of proper balancing of ideals like repressive customs versus societal standards, judicial activism versus Separation of Powers, inadequacy of laws versus non exhaustiveness of laws, international versus local laws supremacy.
Author: Joy Ezeilo
Publisher:
ISBN:
Category : Islamic law
Languages : en
Pages : 168
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Author: Joy Ezeilo
Publisher:
ISBN:
Category : Islamic law
Languages : en
Pages : 328
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Author:
Publisher:
ISBN:
Category : Human rights
Languages : en
Pages : 168
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Author: Niaz Shah
Publisher: BRILL
ISBN: 9047410173
Category : Law
Languages : en
Pages : 273
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Religion plays a pivotal role in the way women are treated around the world, socially and legally. This book discusses three Islamic human rights approaches: secular, non-compatible, reconciliatory (compatible), and proposes a contextual interpretive approach. It is argued that the current gender discriminatory statutory Islamic laws in Islamic jurisdictions, based on the decontextualised interpretation of the Koran, can be reformed through Ijtihad: independent individual reasoning. It is claimed that the original intention of the Koran was to protect the rights of women and raise their status in society, not to relegate them to subordination. This Koranic intention and spirit may be recaptured through the proposed contextual interpretation which in fact means using an Islamic (or insider) strategy to achieve gender equality in Muslim states and greater compatibility with international human rights law. It discusses the negative impact of the so-called statutory Islamic laws of Pakistan on the enjoyment of women’s human rights and robustly challenges their Koranic foundation. While supporting the international human rights regime, this book highlights the challenges to its universality: feminism and cultural relativism. To achieve universal application, genuine voices from different cultures and groups must be accommodated. It is argued that the women’s human rights regime does not cover all issues of concern to women and has a weak implementation mechanism. The book argues for effective implementation procedures to turn women’s human rights into reality.
Author: Margot Badran
Publisher: Stanford University Press
ISBN: 9780804774819
Category : Religion
Languages : en
Pages : 0
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Gender and Islam in Africa examines ways in which women in Africa are interpreting traditional Islamic concepts in order to empower themselves and their societies. African women, it argues, have promoted the ideals and practices of equality, human rights, and democracy within the framework of Islamic thought, challenging conventional conceptualizations of the religion as gender-constricted and patriarchal. The contributors come from the fields of history, anthropology, linguistics, gender studies, religious studies, and law. Their depictions of African women's interpreting and reinterpreting of Islam go back into the nineteenth century and up to today, including analyses of how cultural media such as popular song and film can communicate new gender roles in terms of sexuality and direct examinations of religious and religiously based family law and efforts to reform them.
Author:
Publisher:
ISBN:
Category : Civil rights (Islamic law)
Languages : en
Pages : 178
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Author: Paul Orerhime Akpomie
Publisher:
ISBN:
Category : Adultery (Islamic law)
Languages : ar
Pages : 0
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Book Description
Abstract: The research engages in an exploration of human rights in Islam. Human rights issues are then contrasted with international law positions. The data gotten is then used for investigating women's human rights issues in ShariÊla penal tradition regardingzinaÌ (adultery) in Nigeria. The re-emergence of Sharia penal codes adopted by 12 Northern states in Nigeria in 1999 as an operative Islamic law has sparked concerns about rulings amounting to stoning to death in several cases of zinaÌ. These events raised concerns about ShariÊla penal traditions' legality and relationship with other legal traditions operational in Nigeria, a secular political space. (Chapter I) Another element presented is the discrepancy between the theoretical viewpoint on women's human rights. How is this perspective applied to Muslim women's jurisdictions? The research uses the example of ShariÊla court cases with regard tozinaÌ in Nigeria to illustrate the branching between theory and practice of ShariÊla penal laws. Our essay shall consider ShariÊla court proceedings and rulings of Safiyatu Hussaini and Amina Lawal cases ofzinaÌ4 for our research.[1] We shall focus on some of the infringed women's rights violations articulated in the primary court sources and other secondary sources. (Chapter II) Chapter III is dedicated to evaluating the development of the court cases and ruling from thezinaÌ, as mentioned earlier in chapter II. The analysis provides an insight into areas of human rights violations, especially against women. It demonstrates that where women and men had been prosecuted forzinaÌ, mostly women, have been charged and convicted of the crime. Therefore, illustrating the gender biases exhibited in the court convictions and procedural neglects against the women charged. However, the paper's research will also proffer that women's rights in ShariÊla are not completely at odds with principles of international human rights standards of the United Nations. The argument's postulation stems from asserting that the Islamic penal tradition is not inflexible. Based on its primary sources the ShariÊla lends itself to various explications in jurisprudence (fiqh) to help circumvent issues bordering on abuse of women's rights in Islam. The jurisprudence of the Maliki ShariÊla Courts of Appeal inzinaÌ cases will help illustrate this fact. (Chapter III) The research concludes by addressing the possibility of discerning the reconciliation between international rights standards and Islamic women's rights concerns. This thesis acknowledges that there are aspects of women's violations present inzinaÌ-related cases and establishes that there is room for reforms. However, in a pioneering manner, the essay considers a more exhaustive review of the zinaÌ cases above to argue against the notion that it is impossible to attain any form of human rights or justice in ShariÊla courts for women. In order words, it challenges the proposition that ShariÊla penal laws are incompatible with international human rights. This research attempts to refute the position that ShariÊla penal codes are not dynamic. The ShariÊla Appeal Courts in Nigeria are saddled with the responsibility of safeguarding ShariÊla against a reductionist approach to a holistic form that is multi-valued and teleological rather than causal. Such a consideration bridges ShariÊla with regards to women's rights issues inzinaÌ cases with the spirit of international set norms for all human rights. (Chapter IV) This thesis proposes that the ShariÊla Courts of Appeal ruling could be set as a benchmark forum for further evaluative projects of the ShariÊla criminal and penal codes procedures. Adhering to such reforms will be following the legacy of the ShariÊla committee of 1958-1962 set at bridging ShariÊla law in the penal code of 1960 with human rights concerns. The 1999 ShariÊla committee failed to meet this salient mark as discussed in chapter I. The paper ends on a note of suggestions for some considerations for ShariÊla criminal and penal reforms at ordering and safeguarding women's rights in Nigeria.[2] [1] In 2002, Safiya Hussaini was sentenced to death byrajm under the new ShariÊla criminal codes in Sokoto. Amina Lawal was sentenced to be stoned to death forzinaÌ in 2002. These two cases gained international recognition. [2] Before 1960 (Nigeria's independence), ShariÊla law was fully applied in the Sokoto caliphate, northern Nigeria. It was affected by colonial rule.ShariÊla penal codes were revoked at the dawn of Nigeria's independence in 1960. From then on, Islamic sharia law was limited to the law of family relations and personal rank. The settlement in 1960 brought these changes: The Northern courts in which herqadis (judges) administered Islamic law witnessed changes in the court systems and their judges become more Western-trained and less traditionally Muslim. In response to this trend, the program of "implementation of ShariÊla" started in 1999 in 12 Northern states. It was an attempt at restoring thestatus quo ante of ShariÊla before 1960.
Author: Abiola Akiyode Afolabi
Publisher:
ISBN: 9789788051039
Category : Islamic law
Languages : en
Pages :
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