The Application of Al-Uqubat (Islamic Crminal Law) in Contemporary Nigerian Society: Current Issues and the Way Out

The application of the Islamic criminal law in Nigeria with particular reference to the Northern Nigeria has a long and rich history. Contrary to the popular view usually expressed in many circles, it did not start with the re-introduction of the Islamic criminal law in 1999 by the then Zamfara State Governor. The existing literature on the classical application of the penal code in Northern Nigeria, as in many Muslim countries shows that there are a lot of current issues arising from a serious misinterpretation of these Islamic penal codes. This misinterpretation is due to the failure of Muslim scholars over the years to question the application of the Islamic penal law system in many Muslim countries, including Nigeria in line with the maqasid al-shari'ah or the ultimate objectives of the Islamic law. This review will therefore employ the maqasid al-shari'ah in order to examine some issues relating to constitutional and fundamental human rights of individuals and the Islamic Penal Law as it is currently operational in the Muslim world. Using these maqasid al-shari'ah schemes, the study finally calls for a reinterpretation of the criminal laws and legal system as implemented in Muslim countries.