House Of Representatives Dismisses Bill Aiming To Expand Islamic Law Provisions

House Of Representatives Dismisses Bill Aiming To Expand Islamic Law ProvisionsThe House of Representatives has rejected a bill that sought to expand the application of Islamic law in the 1999 Constitution. Sponsored by Aliyu Missau, the bill aimed to amend certain sections of the Constitution by removing the term “personal” from references to “Islamic law,” thereby broadening the scope of Sharia law within the legal framework.....KINDLY READ THE FULL STORY HERE▶

The proposed amendment targeted sections 24, 262, 277, and 288 of the Constitution. Notably, Section 262(1), which currently allows the Sharia Court of Appeal to handle civil proceedings involving Islamic personal law, would have been modified to extend its jurisdiction beyond personal matters.

During the debate, Missau argued that the inclusion of the word “personal” limited the application of Islamic law, particularly impacting Islamic commercial laws. He contended that removing the term would allow for a broader application of Sharia, reflecting its comprehensive nature, which encompasses various aspects of life.

“The 1999 Constitution only provided for personal Islamic law and did not account for the dynamism and development that may occur,” Missau stated, referencing the establishment of Jaiz Bank in 2003, which operates under commercial Islamic law. He insisted that removing “personal” would benefit Islamic commercial and international law.

The debate revealed a regional divide among legislators, with northern representatives largely supporting the bill while their southern counterparts opposed it. Solomon Bob from Rivers articulated concerns that the amendment would extend Islamic law’s reach beyond what the Constitution’s framers intended. “The word ‘personal’ was included for a reason,” he argued.

Supporters of the bill, including AbdulHakeem Ado from Kano, emphasized the need to sustain Islamic commercial law. However, lawmakers like Jonathan Gaza from Nasarawa, Ademorin Kuye from Lagos, and Awaji-Inombek Abiante from Rivers voiced their opposition. Bamidele Salam from Osun strongly condemned the bill, stating that religious matters should remain a personal choice in a secular state.

Salam pointed out the historical context of the section during the constitutional assemblies of 1979, 1989, and 1999, noting that the drafters were highly sensitive to religious issues. He cautioned against changes that could exacerbate divisions in Nigeria, arguing that existing laws already cover the issues Missau sought to address.

Ultimately, the bill was rejected following a voice vote presided over by Deputy Speaker Ben Kalu.

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