International Standards
Authored By: Yusuf Hamza
Islamic University of Madinah
Abstract
This article examines the complex interaction between Shariah law, the 1999 Constitution of the Federal Republic of Nigeria, and international human rights standards. Nigeria’s plural legal system—comprising common law, customary law, and Shariah law—presents distinctive challenges and opportunities for the protection of human rights. While there is significant convergence on the protection of core values such as life, dignity, and justice, notable tensions arise in areas including freedom of religion, gender equality, and the application of criminal punishments. The article analyses these points of convergence and divergence, examines illustrative Nigerian and comparative case law, and proposes pathways for constructive harmonisation. It argues that such harmonisation is feasible and can be guided by principled judicial interpretation, legislative reform, and the higher objectives of Islamic law (Maqasid al-Shariah).
Keywords: Human Rights, Shariah Law, Nigerian Constitution, Legal Pluralism, Maqasid al-Shariah, Comparative Law.
- Introduction
Human rights occupy a central place in contemporary legal discourse, providing a universal framework to protect human dignity, equality, and liberty. The Universal Declaration of Human Rights (UDHR) and subsequent binding treaties, including the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR), form the backbone of international human rights law.
Nigeria is a revealing case study due to its multi-layered legal system, which accommodates three distinct normative orders: English-derived common law, indigenous customary law, and Shariah law in twelve northern states. The 1999 Constitution, as the supreme law, guarantees fundamental rights in Chapter IV, including the right to life (s 33), dignity (s 34), fair hearing (s 36), and freedom of religion (s 38).²
Since 1999, the expansion of Shariah into criminal jurisdiction has intensified tensions between constitutional rights, Shariah-based laws, and Nigeria’s international obligations. This article argues that harmonisation is both possible and necessary, especially when interpretation is guided by the Maqasid al-Shariah.
- Research Methodology
The article adopts a doctrinal and comparative approach, relying on:
Primary sources: the 1999 Constitution, Shariah Penal Codes, Qur’an, and Hadith.
Case law: Nigerian and comparative judgments.
International treaties: ICCPR, CEDAW, ACHPR, among others.
Secondary sources: academic texts, journals, and commentaries.
The methodology is analytical, focusing on legal principles, judicial interpretation, and Nigeria’s compliance with international standards.
- The Tripartite Legal Framework
3.1 Shariah Law in Nigeria
Shariah law is derived from the Qur’an, Sunnah, and classical juristic traditions, with the Maqasid al-Shariah prioritising protection of religion (din), life (nafs), intellect (aql), lineage (nasl), and property (mal). While Shariah emphasises life and dignity, hudud punishments such as stoning and amputation under some northern penal codes have provoked both domestic and international concern.⁴
3.2 Nigerian Constitutional Protections
The Constitution is supreme. Chapter IV safeguards rights including life (s 33), dignity (s 34), liberty (s 35), fair hearing (s 36), and religion (s 38). These rights limit the scope of Shariah and customary laws.
3.3 International Human Rights Obligations
Nigeria has ratified major treaties including the ICCPR, ICESCR, CEDAW, CRC, and ACHPR. While the ACHPR is domesticated and enforceable (Cap A9 LFN 2004), other treaties require legislative domestication to have domestic effect. This dualist approach limits direct applicability but sets normative standards.
- Judicial Interpretation and Case Analysis
Ogugu v State (1994) 9 NWLR (Pt 366) 1 (SC): The Supreme Court affirmed the enforceability of the African Charter, elevating it into domestic law.
Safiya Hussaini v AG of Sokoto State (2002, Sharia Court of Appeal, unreported): A woman sentenced to stoning for adultery had her conviction overturned due to procedural errors and retroactivity concerns.
Yahaya Sharif-Aminu v Kano State (2020, under appeal): A musician sentenced to death for blasphemy. The appellate court quashed the conviction but ordered retrial, raising serious constitutional questions on freedom of religion (s 38) and expression (s 39).
Comparative case – Shayara Bano v Union of India (2017) 9 SCC 1: The Indian Supreme Court struck down instant triple talaq as unconstitutional, showing how courts may reinterpret religious personal law to align with fundamental rights.
- Critical Analysis: Convergence and Divergence
5.1 Areas of Convergence
Protection of life, dignity, property, and justice align across Shariah, the Constitution, and international law.
5.2 Areas of Divergence
Freedom of Religion: Apostasy and blasphemy laws conflict with s 38–39 CFRN and Articles 18–19 ICCPR.
Gender Equality: Inheritance and marital practices under Shariah may conflict with s 42 CFRN and CEDAW.
Criminal Punishments: Hudud punishments conflict with s 34 CFRN, ICCPR, and CAT.
5.3 Scholarly Debates
Debates Centre on universality vs cultural relativism. Abdullahi An-Na’im argues that re-interpretation (ijtihad) guided by Maqasid al-Shariah allows reconciliation of Shariah with international human rights.
5.4 Nigeria as a Test Case
Nigeria exemplifies the tensions of pluralism but also offers a laboratory for harmonisation. Its courts, legislature, and civil society play a decisive role in balancing competing norms.
- Recent Developments
Yahaya Sharif-Aminu case continues through appeals, drawing global attention.
Nigerian appellate courts show caution in upholding hudud sentences.
Ongoing debate over domestication of CEDAW and gender equality reforms.
- The Way Forward: Pathways to Harmonisation
Apply Maqasid al-Shariah as a judicial interpretative tool.
Strengthen judicial capacity in comparative human rights law.
Reform evidentiary and procedural safeguards in Shariah criminal cases.
Domesticate outstanding treaties (CEDAW, CAT).
Encourage sustained dialogue between Nigerian institutions, civil society, and international bodies.
- Conclusion
Nigeria’s plural legal order presents challenges but also opportunities. Through principled interpretation, legislative reform, and institutional strengthening, Nigeria can harmonise Shariah with constitutional guarantees and international standards. This would not only enhance rights protection but also provide a model for other plural societies.
9. References (OSCOLA format)
Primary Sources
- Constitution of the Federal Republic of Nigeria 1999 (as amended).
- Shariah Penal Code Law (Zamfara State, 2000).
International Instruments
- Universal Declaration of Human Rights, UNGA Res 217A (III) (1948).
- International Covenant on Civil and Political Rights (ICCPR) (1966) 999 UNTS 171.
- International Covenant on Economic, Social and Cultural Rights (ICESCR) (1966) 993 UNTS 3.
- Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) (1979) 1249 UNTS 13.
- Convention on the Rights of the Child (CRC) (1989) 1577 UNTS 3.
- Convention Against Torture (CAT) (1984) 1465 UNTS 85.
- African Charter on Human and Peoples’ Rights (1981), domesticated as Cap A9 LFN 2004.
Case Law
- Ogugu v State (1994) 9 NWLR (Pt 366) 1 (SC).
- Safiya Hussaini v Attorney-General of Sokoto State (2002) (Shariah Court of Appeal, Sokoto, unreported).
- Yahaya Sharif-Aminu v Kano State (2020, Court of Appeal Kano, pending before Supreme Court).
- Shayara Bano v Union of India (2017) 9 SCC 1 (India).
Secondary Sources
- Abdullahi A An-Na’im, Islam and the Secular State: Negotiating the Future of Sharia (Harvard University Press 2008).
- Mashood A Baderin, International Human Rights and Islamic Law (Oxford University Press 2003).
- Selected Nigerian and international journal articles on Shariah and human rights.
