Islamic law measures for good governance and justice: Lessons for Nigeria against dictatorship

Abstract

In its bid to preserve justice for both the leader and the led and ensure harmonious public relationship between both of them, Islamic law puts in place some measures against dictatorship. This paper seeks to examine these measures. Since Islamic law is a significant part of the Nigerian legal corpus, lessons are expected to be drawn by Nigeria from Islamic law on those measures in guarding against dictatorship tendency in the country. Particularly, such measures in Islamic law which Nigeria can look into include lack of immunity for leaders; worldly accountability (Mas-uliyyah); high duty of citizen welfare safeguards on the leader, to mention a few. Very significantly, there are many other unique governance standards set by Islamic law in achieving the check, such as Taqwaa (Fear of the Supreme Being); ‘Iqaab wa Ihsaab (Hereafter Accountability); and conditionality of obedience to the leader upon obedience to the Supreme Being. This study explains the benefits for Nigeria in embracing these checks in its bid to have good governance devoid of dictatorial approach at all times. The study adopts the doctrinal legal research methodology with legal content analysis of relevant legal materials and legislations.

Key words: Islamic law, Measures, Good Governance, Justice, Nigeria, Lessons, Dictatorship