THE CONCEPT OF SULH IN ISLAMIC LAW: A CASE STUDY OF THE PRACTICE AND PROCEDURE OF THE KATSINA STATE SHARIA COURTS

THE CONCEPT OF SULH IN ISLAMIC LAW: A CASE STUDY OF THE PRACTICE AND PROCEDURE OF THE KATSINA STATE SHARIA COURTS

Background of the Study

Socially, it is understood that the nature of human being as a social animal indicates that man doesn‟t live in isolation but interact and interrelate with others in his daily life regarding all aspects of human endeavors. And it is natural that once a group of people live together, there may be difference of opinion, thought, taste, temperament, inclination and behavior among individuals which differences may lead to dispute, conflict or misunderstanding among people. When these negative attitudes arose, the Sharia does not leave this kind of disgruntle state of conflict unchecked but provided a means of its resolution. The mechanisms for the resolution of disputes envisaged under the Sharia may take the form of litigation before a court of law (i.e., al-qada‟u) or its amicable settlement (i.e., As-Sulh). Each of these two mechanisms has its own peculiarities.

As there are many fields of human endeavors, so do disputes or conflicts arose and permeate these fields - be it social, economic, political, etc., and the Shariah had recognized and institutionalized Sulh (amicable settlement) as a dispute resolution mechanism in addition to litigation so as to restore peace and tranquility among the Muslim Ummah.

Katsina State being one of the 36 States of the Federal Republic of Nigeria has inherited the deeply rooted application of Shariah in its judicial system from the then Sokoto Caliphate.1 Katsina State has also in the year 2000 desired the formal reintroduction or application of Sharia in its administration of justice.2 To this end, Sharia Courts were established and conferred with jurisdiction by virtue of the Sharia Courts Law3 to administer and implement the provisions of Islamic law among Muslim contending litigants within Katsina State. The Rules of Court governing Katsina State Shariah Courts have also provided for the resort to As-Sulh (amicable settlement) of disputes using and relying upon the provisions of the Shariah as a guide.4

Interestingly, there exists a general provision in the present Shariah Courts Law of resort to the rules and principles of Islamic law from the Maliki school of law in the process of adjudication. But while the interpretation given to Islamic law by the Maliki school of law applies almost throughout Sharia Courts in Northern Nigeria including Katsina State, these laws do not form part of the codified body of the Laws of Katsina State but only found in various books of fiqh. And in view of the fact that today, Lawyers both Muslims and non-Muslims have the right of audience before Sharia Courts in Nigeria including Katsina State and these Lawyers may not be knowledgeable in the language of the original sources of the literature on the subject of Sulh which are mostly in Arabic and that the official language of Sharia Courts are also English supplemented with indigenous languages popular in the particular locality calls for venturing into this topic.

Sharia Courts officials themselves when a plea for Sulh is presented before them from either party, they rarely reject such a plea but when so granted, i.e., permission for out of court settlement, it may thereby be handled by incompetent personalities in the absence of an established practice and procedure in that regard. The implications is that, the matter may go out of court and if not successfully negotiated, it would therefore serve as a temporal stay of proceedings within which a mischievous interests may be achieved by the proposing party eventually delaying the course of justice and relegating the role of Sharia Courts in the settlement process.

TOPIC: THE CONCEPT OF SULH IN ISLAMIC LAW: A CASE STUDY OF THE PRACTICE AND PROCEDURE OF THE KATSINA STATE SHARIA COURTS

Chapters: 1 - 5
Delivery: Email

Number of Pages: 82

Price: 3000 NGN

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