The Application of Islamic Legal Maxims in Nigeria, the Case of the Trial of Shafiyyatu Hussaini

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Date

2013

Journal Title

Journal ISSN

Volume Title

Publisher

Department of Arabic and Islamic Studies, University of Maiduguri.

Abstract

Islamic legal mexims are universal principles of Islamic law that are expressed in concise statements to encompass general rulings in cases that fall under their subject. sources of these principles include; the text of the Qur'an and the tradition of the prophet (SAW); the consensus of the companion of the prophet and that of the generation after them and; statement of the mujtahid. With the re-introduction of shariah in Nigeria in 1999, criminals were tried for various offenses, and among those tried for the offense of fornication was Shafiyyatu Usman.. This work studied the relevance of Islamic legal maxims to the trial of offenses in shariah as it affects Shafiyyatu Usman with a view to agitate for expansion of shariah to accommodate its flexibility using a descriptive research method. it is observed that using these maxims will ease the work to the judges

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Keywords

Islamic legal maxims,, Shafiyyatu Hussaini,, Shariah penal code,, Sokoto state,

Citation

Shittu,A.D. (2013): The Application of Islamic Legal Maxims in Nigeria, the Case of the Trial of Shafiyyatu Hussaini. ‘Allahw’ Journal of Arabic and Islamic Studies. 3. 244-254, Published by Department of Arabic and Islamic Studies, University of Maiduguri.

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