CRITICAL APPRAISAL OF TA’AZIR PUNISHMENTS UNDER THE KATSINA STATE SHARI’A PENAL CODE LAW

CRITICAL APPRAISAL OF TA’AZIR PUNISHMENTS UNDER THE KATSINA STATE

SHARI’A PENAL CODE LAW

INTRODUCTION

A work like this is at its primary stage because not much, if any, has written on the aspect of Ta’azir punishments under the Katsina State Shari’a Penal Code. And even Penal Codes of other States that recently implement the Shari’a Legal System. The first State to re-introduce Shari’a Criminal Law was Zamfara State on 27th January, 2000; followed by Niger State in May, 2000. Other Northern States like Jigawa (also 2000), Kano (November 2000), Kebbi (December 2000), Sokoto (January 2001), Yobe (April 2001) and Bauchi (June 2001)1. The study will therefore serve as a pointer to the Government and people of Katsina State as to whether the system is being implemented in accordance to the letter and spirit of the law and the areas requiring the attention of the policy or decision makers, or serve as a guide to source of information for other research on this topic or any other topic related to Islamic Criminal Justice System by law students or those formulating policies on the Islamic Criminal law.2 To introduce the work on the general basis, it is meant to highlight on the meaning and nature of Ta’azir offences and their punishments as distinct from Hudud offences under the Shari’a Legal System. And the rationale for Ta’azir punishments is being deterrent in nature as it affects the human society. The work will also highlight on how, some judges and Ulamas interpret some laws regarding Ta’azir punishment to suit their interest for the simple reason that it is not codified. Therefore the people must have a codified law which they understand and which they respect i.e Islamic Law.2 That is why anybody learned in the Shari’a will submit that it is a law which, If understood and applied property will remedy most of the social problems haunting nations of the world3.

Thus, since the law making body does make law in the interest of the citizens, in making such laws consideration is given to their relevance to the society. In considering the various issues surrounding the shari’a, the Katsina State Government have come to the conclusion that they must provide for those who wish to come under the jurisdiction of the Shari’a Courts,3 and who strongly believe that they can get justice only from Shari’a courts because they believe denying them Shari’a courts will be denying them justice. And recently in this millennium, the Shari’a Legal System was introduced and implemented by some Northern States including Katsina State. A Shari’a Penal Code was enacted for the State where offences and their punishments were prescribed having established the Shari’a Court earlier4.

TOPIC: CRITICAL APPRAISAL OF TA’AZIR PUNISHMENTS UNDER THE KATSINA STATE  SHARI’A PENAL CODE LAW

Chapters: 1 - 5
Delivery: Email

Number of Pages: 71

Price: 3000 NGN

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