
A measure to amend the 1999 constitution to include more Islamic law was rejected by the House of Representatives on Thursday.
Rep. Aliyu Missau was the sponsor of the constitutional amendment measure.
In order to allow “Islamic law” to stand alone, the bill sought to change sections 24, 262, 277, and 288 of the 1999 constitution by eliminating the term “personal” from any reference to “Islamic law.”
According to the constitution’s Section 262 (1), “The Sharia Court of Appeal shall exercise such appellate and supervisory jurisdiction in civil proceedings involving questions of Islamic personal law, in addition to such other jurisdiction which may be conferred upon it by an Act of the National Assembly.”
Missau, who spearheaded the discussion, said that the term “personal” being added after “Islamic” limits its use, particularly in Islamic business law.
The constitution of 1999 established Islamic personal law. He said that the constitution did not account for the potential for growth and dynamism in the nation.
“For example, the establishment of Jaiz Bank, which functions under commercial Islamic law, in 2003 was not anticipated by the constitution.”
The congressman stated that, among other things, Islamic international law and Islamic commercial law would gain from the removal of the word “personal.”
Lawmakers were divided along regional lines during the discussion, with those from the north endorsing the law while those from the south opposed it.
Rivers resident Solomon Bob opposed the measure, claiming that it would expand the implementation of Islamic law beyond the “personal matters” that the Constitution’s authors had in mind.
It is implied that Islamic law would have wider ramifications if the term “personal” were eliminated. The congressman said that the word “personal” was used for a purpose.
Supporting the measure, Abdul Hakeem Ado of Kano stated that Islamic commercial law must be upheld.
Among the parliamentarians who testified in support of the measure were Ahmed Satomi from Borno and Saidu Abdullahi from Niger state.
Awaji-Inombek Abiante from Rivers, Jonathan Gaza from Nasarawa, and Ademorin Kuye from Lagos all opposed the proposed law.
Osun resident Bamidele Salam was adamantly against the measure, arguing that since Nigeria is a secular state, religious matters need to be left to individual decision.
As history students, we are all familiar with the history of this specific area from the 1979, 1989, and 1999 constitutional assembly. He said that the constitution’s drafters were extremely religiously sensitive.
This specific portion was highly controversial at the 1979 constitutional assembly, but the military stepped in to put a stop to the discussion by declaring that Islamic law would only be applied to private affairs, such as estates.
Any constitutional amendments that can deepen Nigerian differences must be handled carefully. In any event, current laws already cover the issues my colleague is trying to solve.
However, Deputy Speaker Benjamin Kalu presided over a voice vote that resulted in the bill’s rejection.