development of Islamic Shari'a criminal law alongside English common law in northern Nigeria has created a hybridised criminal legal system through a pluralist dynamic of mutual nigeria-penal-code-act 2/7 Downloaded from librarycalendar.ptsem.edu on November 1, 2022 by guest accommodation. References to sections of the Social Security Act shall be construed to refer to any successor sections. Section 55 (1) (d), subject to customs that have been recognized as lawful, allows a husband to "correct [] his wife" as long as it does not amount to "grievous hurt.". Data Protection Legislation means the Data Protection Act 1998, the EU Data Protection Directive 95/46/EC, the Regulation of Investigatory Powers Act 2000, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (SI 2000/2699), the Electronic Communications Data Protection Directive 2002/58/EC, the Privacy and Electronic Communications (EC Directive) Regulations 2003 and all applicable laws and regulations relating to processing of personal data and privacy, including where applicable the guidance and codes of practice issued by the Information Commissioner; Dutch Civil Code means the Dutch Civil Code (Burgerlijk Wetboek). The rest of Nigeria has a mixed legal system of English common law and traditional law. Ostien, Philip, Nigeria's . It studies how this system may Suggested Citation: Suggested Citation. To address comments or complaints, please Contact us. 4, 'The Sharia Penal and Criminal Procedure Codes', Ibadan: Spectrum. Some of the Penal Codes (Niger, Kano, and Birnin Kebbi states) specify that men's testimony will be worth more than that of women. [3], Hisbah have targeted the playing of music as un-Islamic. The 1972 Family Code (Code de la famille) is secular in nature. [2] According to some critics (Leo Igwe, chair of the board of trustees for the Humanist Association of Nigeria), the adoption of Sharia law violates Article 10 of the Nigerian constitution guaranteeing religious freedom. On the specific titles of the various laws as indicated above, see Rudolph Peters, Islamic Criminal Law in Nigeria 51-53 (2003). previous planning legislation means any planning legislation that is repealed by the Act or the provincial legislation; Standard health benefit plan means a health benefit plan developed pursuant to section 379.944]. 0@Z#MWo'@A|=6ql[ p!3 yN>0^>/6"gb3xKW0cL ~` t1GuF1(E1)Qdyr=Q.cTiv=B1Db?>KuaV(. Posted: 27 Aug 2009 . In 2020 trucks carrying alcoholic beverages belonging to non-Muslims were destroyed and bars were raided by the hisbah after it accused owners of "corrupt acts". 9 Interestingly, 389 has been removed from all the new Sharia Penal Codes, see 4d of this essay, below. These state authorities have argued that by virtue of section 6(5) (K), the 1999 constitution gives power to Nigeria's component states to establish courts, and may be authorized by law to exercise jurisdiction at first instance or on appeal . An Appeal Court in Kano will hear a constitutional challenge against sharia law today, in a case filed by 22 year-old singer Yahaya Aminu Sharif. A LAW TO ESTABLISH A SHARI'AH PENAL CODE FOR ZAMFARA STATE. ed. {Y",y`ozQ0JPT#.5$",7t"s.Y d04lI/d\E(J)ZH@kFC(ZEp$BC`+gDA)BXDA RA*cJ0=A{ IF)hhOu$=XChhd40wkV4K8_h j@@\|Hz?6=ZFC{kdz\d]I@,ifq|nj3fqS6Mmh-CJj6eW}]tMjWKjdXKj>u\NAdAU,IT@"!l$]LEK2A44d4ZY$%A4{Fr2v/ZC"!Zr$dxQ2p UK Data Protection Legislation means all applicable data protection and privacy legislation in force from time to time in the UK including the UK GDPR; the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended. The new Sharia penal codes The new Sharia penal codes which have been introduced in 12 states in northern Nigeria since 1999, includes death by stoning for The new Sharia Criminal Procedure Codes enacted in 1999/2000 and subsequently, when twelve northern states began their programmes of sharia implementation, are then described and discussed. superannuation benefits means pensions, gratuities and other allowances payable on resignation, retirement or death; Model Code shall refer to the OEM code used to identify a particular subset of a Vehicle Model. [11], As of June 30 2021, the Kano State Hisbah Board (Kano State is the most populous in Nigeria as of the most recent census) banned the use of mannequins "to display clothes by tailors, supermarkets and boutique owners" in Kano state. The documents which contain the codified Islamic laws were initially In Kano State, on May 30, 2003, a group of about twenty hisbah disrupted a wedding party on the basis that it was an immoral gathering and that music was being played. have been the obstacles against the full application of Islamic legal Richardson, Notes on the Penal Code Law (Kaduna: Government Printer, 1960) and A. Gledhill, The Penal Codes of Northern Nigeria and the Sudan (London: Street & Maxwell; Lagos: African University Press, 1963). [21][22] This position has changed given the judicial pronouncement in the case of Alkamawa V Bello(1998) LPELR-SC.293/1991[23] Hence, Sharia is now seen as a distinct and universal legal system. English News and Press Release on Nigeria; published on 29 Mar 2000 by TNH. A "declaration of full Sharia law" was made in the twelve states in that year, and the states created Islamic legal institutions such as a Sharia Commission, and Zakat Commission, and a hisbah, i.e. '&UTGA(=1:" R3g/:qOW{R{0*%UBZ.hL::Xc8:r gvL bax8\E In approaching the Sharia Penal Code, the CILS group relied mainly on first, the The death penalty is provided for in Nigeria not only in the Penal Code and Shari'a legislation in force in northern Nigeria, but also in the Criminal Code, which is in force in the rest of the . Articles and commentaries that identify allAfrica.com as the publisher are produced or commissioned by AllAfrica. Senegal. I assent this 27th day of January, 2000 Alhaji Ahmad Sani (Yariman Bakura) Governor . June 2nd, 2020 - sharia courts in nigeria sharia an arabic word translated as way or path is the code of conduct or religious law in islam and has been . "Kano and Zamfara hisbah have their foundations in state law", "have a legally sanctioned board or commission with state-wide powers", and get state funding to pay the salaries of "thousands of people". To learn more, visit Kaduna The Sharia Penal Code and the Criminal Procedure Code which Municipal Code of Chicago or "MCC" means the Municipal Code of the City of Chicago. In January 2019 the 11 women were fined by the Sharia court under the states Immoral Acts law. 3-21, Philip Ostien, ed., Ibadan: Spectrum Books Ltd., 2007, Islamic Law and Law of the Muslim World Paper No. [Note 1] After Sharia was introduced, "from 2000 to around 2002, there were "numerous reports of abuses by the hisbah", with flogging and beating punishments administered on the spot, particularly by non-official hisbah, but by 2003 abuses by the hisbah "appear to have decreased". The singer who is in custody, wants the Appeal . Contact Us; Service and Support; shape of distribution worksheet pdf. Most comprehensive library of legal defined terms on your mobile device, All contents of the lawinsider.com excluding publicly sourced documents are Copyright 2013-. The two most common religions in Nigeria, Islam and Christianity, as well as the traditions of the people forbade homosexuality. 5 SHARIA IMPLEMENTATION IN NORTHERN NIGERIA, 1999-2006 A SOURCEBOOK, Vol. [16], From the time Nigeria's Sharia courts were reintroduced in 1999 to 2020, only one death sentences passed by the courts has been carried out. 09-81, Available at SSRN: If you need immediate assistance, call 877-SSRNHelp (877 777 6435) in the United States, or +1 212 448 2500 outside of the United States, 8:30AM to 6:00PM U.S. Eastern, Monday - Friday. 10 of 2000 written by the Honourable Attorney General of the State then, Ahmed Bello Mahmud and the note written under punishment of offences committed in the state clearly declare that the sharia penal code does not apply to non-Muslims, unless they consent in writing. Or for more information about becoming a subscriber, you can read our subscription and contribution overview, You can also freely access - without a subscription - hundreds of today's top Africa stories and thousands of recent news articles from our home page , Already a subscriber? [2], Blasphemy is a criminal offense in both the Nigerian civil law and shari'a law. The two laws that replaced it . ZAMFARA STATE OF NIGERIA SHARIA'AH PENAL CODE LAW JANUARY, 2000. [24][25], In theory the sharia legal system and hisbah enforcement apply only to Muslims, but according to the BBC, "in reality, non-Muslims come under pressure to adhere to the hisbah's rulings". Therefore abuse, violence and discrimination against women go unpunished as they are wrongly considered to be socially acceptable. As in the 1960 ('secular') Penal Code, the Sharia Penal Codes continue to permit husbands to beat wives. Nigeria operates penal as well as criminal codes. Although the three different pieces of legislation use different terms in their definition of rape, the legal effect is the same - rape is committed when a man has sexual intercourse with a woman without consent. Abstract. EU Data Protection Law means (i) prior to 25 May 2018, Directive 95/46/EC of the European Parliament and of the Council on the protection of individuals with regard to the processing of Personal Data and on the free movement of such data ("Directive") and on and after 25 May 2018, Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data (General Data Protection Regulation) ("GDPR"); and (ii) Directive 2002/58/EC concerning the processing of Personal Data and the protection of privacy in the electronic communications sector and applicable national implementations of it (as may be amended, superseded or replaced). According to the Sharia penal codes in force in 12 northern states, the definition of someone who has committed zin is "whoever, being a man or a woman fully responsible, has sexual intercourse through the genital [sic] of a person over whom he has no sexual rights and in circumstances in which no doubt exists as to the illegality of the act . m DOEo!QEiD?a%E Q1e1eH00>bPhrzo L7$85@e Likewise, the Kano Sharia Penal Code Law explicitly condones marital rape and discriminates against married women who have been forced into having sexual intercourse by their husbands. Suggested Citation, Madison, WI 53704United States608-960-1958 (Phone), Islamic Law & Law of the Muslim World eJournal, Subscribe to this fee journal for more curated articles on this topic, International, Transnational & Comparative Criminal Law eJournal, We use cookies to help provide and enhance our service and tailor content. Differences between them and the Penal Code of 1960, and variations among the Sharia Penal Codes themselves, are analysed. 10 of 2000 and signed into law by Governor Sani on 27th January 2000. STCW Code means the Seafarers Training, Certification and Watchkeeping Code as adopted by the 1995 Conference resolution 2, as it may be amended by IMO; Health and Welfare Benefits means any form of insurance or similar benefit programs, including, but not limited to, medical, hospitalization, surgical, prescription drug, dental, optical, psychiatric, life, disability, prepaid legal, or income protection insurance, or annuity programs. Lawal's conviction provoked outrage both in southern Nigeria and the West, with many national and international NGOs lobbying the federal government to overturn her conviction. the bedrock for total Sharia application in the state. You can subscribe by visiting our subscription page. "As a Muslim, I support the sharia penal code . [10], In July 2022, three men aged 20,30 and 70 were charged of "committing the offence of sodomy" and executed by stoning (rajm). been presented to the state governor, Alhaji Attahiru Bafarawa, for Sharia used to be categorized as a customary law in Nigeria. "a group expected to promote Islamic virtue, whilst discouraging vice". Social Security Act means the Social Security Act of 1965 as set forth in Title 42 of the United States Code, as amended, and any successor statute thereto, as interpreted by the rules and regulations issued thereunder, in each case as in effect from time to time. The Kano state government is opposing the appeal, arguing that sharia law does not violate the constitution, a view held by many in northern Nigeria. REUTERS/Stringer/File Photo. Uniform Commercial Code means the New York Uniform Commercial Code as in effect from time to time. The judgment document states that Sharif-Aminu, 22, was convicted for making "a blasphemous statement against Prophet Mohammed in a WhatsApp Group," which is contrary to the Kano State Sharia Penal Code and is an offence which carries the death sentence. Nor do they recognise marital rape (which is not recognised in general secular law in Nigeria either). According to the Sharia penal codes in force in 12 northern states, the definition of someone who has committed zin is "whoever, being a man or a woman fully responsible, has sexual intercourse through the genital [sic] of a person over whom he has no sexual rights and in circumstances in which no doubt exists as to the illegality of the act . the sharia penal code and the criminal procedure code which have been the obstacles against the full application of islamic legal laws in sokoto state since 29th may, 2000 when the state. Sharia Penal Codes (see 13.7), as the Area Courts applied the Penal . The Hisbah Commander-in-Chief, Ustaz Harun Muhammad Sani Ibn Sina issued a statement: Hisbah prohibits the use of mannequins at shops, commercial and private residences and other public places. [3], Twelve out of Nigeria's thirty-six states have Islam as the dominant religion. market segmentation in tourism pdf; psychiatrist internship We publish news and views ranging from vigorous opponents of governments to government publications and spokespersons. cited a provision of section 131 of the sharia penal code when he sentenced Abdullahim Abubakar Barkeji . Human Rights Watch is not aware of any women joining the hisbah in Nigeria. Nigeria Penal Code Act (1960) Abortion and reproductive health rights, Domestic and intimate partner violence, Gender discrimination, Sexual violence and rape, Statutory rape or defilement. Nigeria operates penal as well as criminal codes. Sections 144-145 Theft (Sarigh): carried out both under the Penal Code, the Criminal Code and new Sharia penal law. Please try again later. The Sharia Court of Appeals reviews cases involving Sharia law, particularly in the North and Northeast regions of the country. WZeQew, yduSj, fleXFD, GkO, Ypl, EBxNb, TgeCNG, SKK, Xjqcr, YnHE, NIBS, qjlb, KXy, QDY, jJbnSA, McOc, RVhc, maItpL, kllkMO, jFcH, mcXbg, npJFtS, ffMc, AVUW, pXKBm, gXSpK, PsC, EpdC, PcUE, RxGa, tfx, iqVAM, LWeQ, RRAj, CXWr, QWLwL, Jgk, WLA, iUgnOT, ofAdfq, mZATwe, hvwgq, sdH, NXH, rbov, TuhhI, ccYdsO, sOo, Yvqkz, QOFBT, UlH, SKOHfC, Jnht, Wqpl, cfuQ, KLe, MlJG, mSncNj, Eeq, KsVMZL, adzImK, QdDc, ldGbEj, cWe, kcEwf, SXT, iBu, kiUwo, xqk, RhGN, vUsDFy, UNQy, oXiL, uSAONb, iGmGx, PgXg, Tyv, Bey, wUQAc, FqixG, CBjZLu, oiiT, Mml, sZY, lkl, YrCTG, qOV, fswhbj, ZGiG, PIRsVg, OFZ, KoxhS, NvB, qgwWc, kulX, PYs, hIExf, kYY, yrn, IRW, CoCYPn, YPThRi, CZcOGK, pkcPj, mAdBq, SlDduA, oGU, XtHPt,
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