Application of Islamic Law Under the 1999 Nigerian Constitution: Problems and Prospects

The Islamic Law, also known as the Shariah, is of divine origin with roots mainly in the Quran and Hadith. Its main objective is to improve human conduct, cleanse it of vices and adorn it with virtues. The application of the civil aspect of the law in Nigeria seems to be almost seamless. However, that of the criminal aspect is not devoid of controversies. This paper examines the prospects and some of the constraints in the application of the criminal aspect of Islamic Law in Nigeria. Some of the identified constraints include the supremacy of the constitution, the lopsided distribution of legislative lists in favour of the Federal Government, the equation of the Islamic Law with customary law, the constitutional provision against non-adoption of a state religion and the general non-conductive atmosphere for the implementation of the full Islamic Law.