Crime and Justice in Postcolonial Nigeria: The Justifications and Challenges of Islamic Law of Shari'ah

Abstract

Nowhere, in recent times, has the question of the Islamic Law ofShari’ahproduced such a crescendo of concern, posed such a challenge to the prevailing justice system, as in Nigeria. In "modern" societies, the criminal justice system not only produces social solidarity by reaffirming the society's bond and its adherence to certain norms, but also serves to legitimize the political authority of the state. In the postcolonial pluralistic society of Nigeria, the criminal justice system has been fundamentally influenced by the ascendancy of Western penology. During the era of European colonization of Africa, existing systems of justice were suppressed; in Nigeria's case, by the British imperial power. Predictably, the British system of justice clashed with the indigenous systems. Nowhere is this historical conflict more manifest than in the ongoing challengeShari’ahas posed to the Nigerian state.Shari’ahwas an incendiary issue during the colonial period (1900-60) in Nigeria, and has continued to challenge the classical view of the modern state ever since. This challenge has reshaped Nigeria's postcolonial criminal justice system. Here religion, politics, and society intersect, shedding light on the arrival, reactions, and crises of modernity, themes that run through theShari’ahcontroversy like interwoven threads.

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