Islam and constitutionalism in Nigeria: 1999 constitution and the challenges of Islamic law and practices

Abstract

Adherents of the two major religions, Islam and Christianity, sometimes relegate any state law that conflicts with their practice/faith. They would rather obey God than man¹. In Geron Ali v. Emperor², an Indian Muslim decapitated two persons and presented the heads to his religious instructor who asked for only one head. In Ashiruddin v. King³, the prisoner killed his son to secure a divine favour. Religious extremists will not have their religious teachings and practices ‘bow’ to any constitution. This paper, employs the analytical method, using journals, internet based materials, case law, historical records etc., to identify examine faith in the sharia law and the place of the Constitution of the Federal Republic of Nigeria, 1999 (henceforth referred to as CFRN) in the hearts of Islamic faithful. It concludes by recommending inter alia that patriotism and nationalism be inculcated into the citizenry right from childhood in our private and public schools.

Keywords: Islam, Constitutionalism, 1999 Nigerian Constitution, Sharia