PROCEDURE FOR APPOINTMENT OF A QĀḌĪ IN NIGERIA: A HINDRANCE TO THE PRACTICE OF ISLAMIC THEOCRACY

Abstract

Nigeria is made up of different religions and this is recognized by the constitution which provides for the freedom of religion. For the actualization of this freedom, the constitution permits the establishment of Shariah Courts in the country where needed. Muslims need Islamic Theocracy which will interpret to mean governing in accordance with the rules of Allah to enjoy their right. The proper dispensation of justice starts from the procedure for the appointment of a Qāḍī which is to be done by the leader of the Muslim under the Shariah. The Constitution of Nigeria and the rules of Judicial Council stipulate the procedures which run afoul the Shariah. Doctrinal and exegetical research methods were used which helped in realizing the lacunas of the extant law in appointment procedure. It is consequently recommended that the extant law be amended to properly portray the provisions of the Shariah by placing the power to appoint on the leader of the Muslims among others. This will not only sanitize and sanctify the position alone, it will also pave way for enthronement Islamic theocracy strictly for the Muslims and help in fulfillment of the fundamental right to freedom of religion.