ANALYSIS OF JUDGEMENT OF SHARI’AH COURTS IN MAIYAMA LOCAL GOVERNMENT AREA OF KEBBI STATE

ANALYSIS OF JUDGEMENT OF SHARI’AH COURTS IN MAIYAMA LOCAL GOVERNMENT AREA OF KEBBI STATE

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CHAPTER ONE:


INTRODUCTION.


1.1 Background of the Study.




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All praise is due to Allah the Most High, the Creator of man, the Law giver, He who guides to the Straight path which leads to salvation for those who follow it and to the hellfire, for those who deny it, peace and blessings of Allah be upon His noble Prophet whom we are commanded to follow his footsteps. His companions and those who follow them to the day of Judgment. Islam is a religion and way of life based on the commandment of Allah contained in the Holy Qur'an and Sunnah of the Prophet Muhammad (S.A.W.) and a complete way of life that encompasses all aspects of muslimendeavourof which the issue of judgment is a type. In this regard Allah the Almighty says:- We neglected nothing in the book1. It equally means a total submission to the wills of Allah the Almighty. This submission should be continous act until death. Allah says:

….. And Worship your Lord until there comes to you the certainly (i.e death)2

Shari’ah has been described as "corpus jurist in Islam". In other words it is a collection of laws. It

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distinguishes between what is Halal and Haram (lawful and Unlawful), as well as Punishments and rewards of rightful and wrongful actions. It is a path through which mankind reaches a mutual existence with Allah, himself and the rest of mankind3.

Qur'an and Sunnah are the two Primary sources of Shari’ah, once any Law contradicts the above two primary Sources of Shari’ah such a law is regarded null and void. In fact it carries no weight in Islam and should be done away with. Allah says.

"Then we made for you a law follow it and do not follow the fancies of those who have no knowledge"4

Islam as a religion, comprehensively deals with all aspects of life. Its rules and regulations are based on the commandments of Allah as contained in the Qur'an and Sunnah of Prophet Muhammad (S.A.W) Every Muslim is under obligation to fashion his entire life in accordance with the dictates of the Qur'an and Sunnah.




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Judgment in Shari’ah aims at deciding between, litigants justly with the aim of settling their disputes in accordance with the Injuctions of the divine law5. Therefore, the issue of administering judgment in Islam is a very difficult and sensitive area of Shari’ah. This is due to some obvious reasons, firstly: many judges pass judgment on cases either they do not have knowledge on the matter or they treat the matter wrongfully or they follow their selfish interest in passing out judgment6.

Secondly, Justice or judgment is an attribute of the Almighty. (Al-Hakeem) the Judge and one who renders judgment and man as vice-regent of Allah on earth is saddled with that responsibility7.

Islam has given great importance to justice which must be done at all cost. Those who administer judgment (judges) must not only be men of deep insight, profound knowledge of Shari’ah, but they must also be Allah-Fearing, forthright, honest, sincere men of integrity8.

Allah the Most High says:

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"Allah commanded you to render back your trust to whom they are due and when you judge between man and man, that you judge with justice.9

The Prophet (S.A.W) in corroborating the above verse said:


"The Qadis are of three types. One type will go to Paradise and the remaining two will end up in the hellfire. The person who will go to paradise is one who understood the truth and judge accordingly. One who judge wrongly after understanding the truth, they will go to hell. Likewise, Qadi who judge in ignorance also will go hell."10

In another report, the Prophet says:


(One who is given this responsibility to be a Qadi (Judge) is as if he is slaughtered without a knife)11.

It is my belief, that the main cause of disputes or litigation

in  our courts  specifically    courts  in  Maiyama Local

Government may not be unconnected with the lack of even

a rudimentary knowledge of Shari’ah by a large number of

Muslim jurists i.e judges in Shari’ah courts, also to draw

the attention of the judges as to the challenges before them

as  far as  Judgment is concerned. Similarly, the  judges

should bear to tell Allah on why they cannot discharge the

duties properly.

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However, in this research work, I am mandated to check and analyze the Judgment passed by the Shari’ah courts in Maiyama Local government. Before it and how it issues its final decision.

1.2 Scope and Limitation


The research work as the title apparently shows is restricted to Analysis of judgment of Shari’ah courts of MaiyamaLocal government. It should be noted that, it is the judge that has the power to pass out judgment in the Shari’ah court of which he play a very crucial role in Muslim society. Hence the research will limit itself to some selected Shari’ah courts in Maiyama local government12.

1.3 Statement of the Research Problem.


For any research project embarked upon, their must have been a foresight of the gains to be expected. This research project is intended to examine the main overriding agents engendering for the hindrance of judgment in Shari’ah courts of Maiyama local government.

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Administering of judgment in Islam means giving everyone his due right, or to place something in its rightful place according to the laid down rules of Shari’ah.

However some of the problems as far as the issue of judgment in Shari’ah courts of Maiyama local government is concerned include:

1- Inability to execute punishment after passing judgment (conviction).

2- Undue external interference has rendered the judicial system unjust and ineffective. i.e government, politicians and rulers and wealthy individuals.

3- Another important factor is the issue of appointing the judges. The proper channel of appointing knowledgeable, capable, competent and qualified people is left.

4- In addition physical structure of the courts, undue intimidation and unbecoming financial request including uncondusive environment for the dispensing justice, has become the order of the day.

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1.4 Significance of the Study


This work is of paramount significance in the sense that it can serve as a source material in bringing reform in our Shari’ah judicial system.

The research as well can serve as a source materials to the students particularly those in the department of Islamic studies.

Similarly the research can go a long way in awakening and drawing attention of the judges to the issue of administering judgment.

Equally the students of Islamic legal system can find this work very useful.

In addition the research work is soundly significant because there is in it a lot that will increase one’s level of knowledge and civilization as regards judgment in the Shari’ah courts.

1.5 Aim and Objectives.




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As far as this research work is concerned, certain aim and objectives were targeted: one to draw the attention of the judges that the fear of Allah should be their utmost concerned in passing out judgment and the right of Allah upon them as well as the right of the people.

It also aim at given my own contribution as a student of Islamic studies in finding out how the Shari’ah courts (especially in Maiyama) administered judgment so as to bring about a positive change in Shari’ah judicial system.

In addition the judges should remember that the issue of administering Judgment is not an easy tax, therefore it is always preferable for one to refuse to accept the office if he knows that he cannot discharge such duties properly, or he is even incompetent.

1.6 Methodology:


The procedures and methods adopted in the course of this research is by the use of both primary and secondary data.

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The primary data consulted are based upon the series of interviews and oral Information collected from different people ranging from learned lecturers,Ulama down to judges and litigants where necessary, also some record books of Shari’ah courts such as the civil and criminalwere used as primary data of this work.

The secondary sources material consulted include library documents like the glorious Qur'an, Sunnah, textbooks, paper presentation, projects; internets, manuscripts, that are of direct relevant to the area of the research.

1.7 Structure


The whole work is characterized in to five chapters namely:

Chapter one centered at background of the study, scope and limitation, statement of the research problem, significance of the study, Aim and Objectives,




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methodology, Structure of the research work and lastly literature review.

Chapter Two Comprises of the concept of Shari’ah during the early period of Islam judgment during the time of Prophet Muhammad (S.A.W.) and a glance at Judgment during the time of the second Caliph Umar (R.A).

Chapter Three covers a brief history of Shari’ah courts in Maiyama local government area of Kebbistate a historical background of Maiyama local government, structure of the Shari’ah courts, jurisdiction of the courts and courts location and number of cases found.As well as an analysis of some cases found in some of the courts.

Chapter four glances at the mode of judgment of some cases found in the court, an introduction, mode of instituting the claim, mode of Judgment of cases and decision of the courts as regards to the cases.

Chapter five comprises of: summary and recommendation


1.8 Literature Review


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This is an analytical evaluation of the materials relevant to the area of study which was consulted for the effective viability of the research.

Those materials which I used in my research are based on Islamic Law and other relevant books to make my work very clear and precise content.

Many schools of intellects had written prolific literature discussing something pertaining to the area of this research as a topic and not as a whole work. For example: Abdul-Rahman I. DOI (2009) had written a book titled: "Shari’ah the Islamic Law" in it, he exploited clearly many forms of crime and their punishment according to the teachings of Islam and Sunnah of the Holy. Prophet Muhammad (S.A.W.). Also he went further to provide examples of some cases administered during the period of the Prophet as well the period of the second Caliph Umar (R.A) not only that, he also discussed the procedure and conditions to be considered before a judge passed his judgment.

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Another book consulted was the "IhkamulAhkam" This is the Islamic book from the "TuhfatulAhkam" which comprises Ahkamulfighya. This book is called the book of adjudication in Islamic court. It explains how case can be instituted and trial in the Islamic court. This book is given certain legislation based on Islamic law13.

S.O Rabi'u Similarly, a lecture note on Islamic law of evidence by Dr. S.O Rabi'u 2013 was consulted. This note contains all the aspect of adjudication matter in Shari’ah court under Islamic Law14.

Shad Hamid (August 2003) 'An Islamic Alternative?Equality, redistributive justice and the welfare state in the caliphate of Umar" Renaissance monthly Islamic journal (pp 628. This journal has provided explanation on the system of justice and administration of Judgment during the period of caliph umar15.

Also the Shari’ah courts civil and criminal record books of MaiyamaKaraye, Mungadi and Andarai were


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visited. This is were all the cases relevant to this project were obtained16.

In his L.L.B. Project Aliyu Muhammad Danzaki (2003) Titled. Analysis of Adjudication of marriage cases, in upper Shari’ah court Yabo. He explained the mode of adjudication of marriage cases in Shari’ah courts, mode of instituting a claim and how a Shari’ah court pass its Judgment of cases before it17

Similarly, in his L.L.B Project Muhammad Nasiru (2013) Title: the office of a judge from Islamic Point of View, a look at contemporary Shari’ah courts he explain the Historical development of Shari’ah courts, The judicial Principle as enunciated by caliph Umar, characteristics of Islamic court, composition of Shari’ah courts, as well as cases that Shari’ah courts entertained18.

Another important material reviewed was "The report of Shari’ah implementation committee (2003) kebbi state. This report provides information as to the structure, nature,, details of courts Location and details of cases
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recorded in each Shari’ah court in kebbi state. In short this report has explained all that is required as far as Shari’ah court is concerned19.

Obilade: in this book the writer provided legal system of Nigeria, which he took about the system of the court in Nigeria, which my area is on the system of court when explaining the history of the court20.

Another material relevant to this work is "Sahih Muslim English translation book 15 "Kitab al-Hudud, in it punishment of an adulterers/adulteress and instances where the Prophet has store and adulterers/adulterers to death where explained21.


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