Case of Shariah Law in Osun State
The spread of Islam to Yorubaland was accompanied by the institution of Shari’ah (the Islamic law), and Muslims in the area applied it, alongside the Customary and Common Laws during the pre-colonial period before its abolition by the colonial government. However, very little research has been done in this area. Therefore, this study examined the institution of Shari’ah in Oyo and Osun States of Nigeria with reference to Yoruba Customary Law which had been in existence and the Common Law.
The study revealed that the British colonialists, during the colonial era, used their authority to replace Shari’ah with Common Law through Indirect Rule. It identified that Shari’ah issue is contentious because of general misunderstanding and misconceptions of its origin, tenets and practices. It also discovered that the agitation of the Muslims in the selected states for Shari'ah was based on the premise that both Yoruba Customary and Common Laws did not cover certain provisions under Shari’ah, such as ‘iddah‘ waiting period for a widow’, al-hadanah ‘custody of children’ and mirath ‘inheritance’.
Read more about this topic: Osun State
Famous quotes containing the words case of, case, law and/or state:
“Thought is an infection. In the case of certain thoughts, it becomes an epidemic.”
—Wallace Stevens (1879–1955)
“True and false are attributes of speech not of things. And where speech is not, there is neither truth nor falsehood. Error there may be, as when we expect that which shall not be; or suspect what has not been: but in neither case can a man be charged with untruth.”
—Thomas Hobbes (1588–1679)
“For centuries the death penalty, often accompanied by barbarous refinements, has been trying to hold crime in check; yet crime persists. Why? Because the instincts that are warring in man are not, as the law claims, constant forces in a state of equilibrium.”
—Albert Camus (1913–1960)
“Science is neither a single tradition, nor the best tradition there is, except for people who have become accustomed to its presence, its benefits and its disadvantages. In a democracy it should be separated from the state just as churches are now separated from the state.”
—Paul Feyerabend (1924–1994)