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Sharia Implementation in Northern Nigeria 1999-2006: a Sourcebook Volume VI: Ulama Institutions

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Sharia Implementation in Northern Nigeria 1999-2006: a Sourcebook Volume VI: Ulama Institutions Sharia Implementation in Northern Nigeria 1999-2006: A Sourcebook Compiled and edited by Philip Ostien Volume VI: Ulama Institutions Chapter 7: The Sharia Courts and Their Judges Part II: Documentary Materials MUSLIMS AND ISLAM IN AFRICA “Muslims and Islam in Africa” is a result of a research project on sharia debates in selected African countries, funded by Volkswagen Foundation see: www.sharia-in-africa.net. It has a multi-disciplinary approach and covers current research in the field of Muslims and Islam in Africa. There are no specific requirements as to the language of publication and to the length of the contributions. Contributions to this series may be submitted directly to the editors. Acceptance is decided upon by the editors and the academic advisory board. “Muslims and Islam in Africa” is hosted by the private website www.sharia-in-africa.net EDITORS Dr John Chesworth The Centre for Muslim-Christian Dr Franz Kogelmann Bayreuth University, Studies, Oxford, UK Germany [email protected] [email protected] BOARD OF REFERENCE Dr Ulrich Berner, Professor of Religious Studies, Chair Religious Studies I, Bayreuth University, Germany [email protected] Dr Liazzat Bonate, Professora Auxiliar, Centro de Estudos Africanos, Universidade Eduardo Mondlane, Maputo, Mozambique [email protected] Dr Muhammad Haron, Department of Theology and Religious Studies, University of Botswana, Botswana [email protected] Dr Bernadin Mfumbusa, Deputy Vice Chancellor (Academics), St. Augustine University of Tanzania (SAUT), Mwanza, Tanzania [email protected] Dr Esther Mombo, Associate Professor in Theology, Deputy Vice Chancellor (Academics), St. Paul’s University, Limuru, Nairobi [email protected] Dr Jamila Nasir, Professor of Law, Dean, Faculty of Law, University of Jos, Plateau State, Nigeria [email protected] Dr Philip A. Ostien formerly lecturer in law at the University of Jos, Plateau State, Nigeria, since 2008 independent scholar based in Madison, Wisconsin, USA [email protected] Dr Ruediger Seesemann, Professor of Islamic Studies, Bayreuth University, Germany [email protected] Dr Abdulkader Tayob, Professor of Religious Studies, University of Cape Town, South Africa [email protected] Sharia Implementation in Northern Nigeria 1999-2006: A Sourcebook Compiled and edited by Philip Ostien Chapter 7: The Sharia Courts and Their Judges Part II: Documentary Materials [Note: the pagination of this initial online edition of these documentary materials will change when the rest of Chapter 7 is completed and all is published together.] Detailed contents: 1. Statutory materials 3 a. Catalogue of court-related legislation enacted by all Sharia States 3 b. Zamfara State Sharia Courts Law (1999) annotated 11 c. Collected provisions on two subjects 37 (1) Appointment, discipline and dismissal of alkalis 37 (2) Minimum qualifications of alkalis 40 d. Conversion tables: Area Courts Edicts of 1967-68 to Zamfara State 43 Sharia Courts Law 1999 and vice versa e. Zamfara State Magistrate‘s Courts (Restriction of Powers) Law (2002) 46 2. Civil Procedure in the Sharia Courts 48 a. Draft rules of Islamic civil procedure for Sokoto State 48 b. Correlation table: Rules of Civil Procedure for Area Courts, the Sharia 58 Courts of Kano, Zamfara and Jigawa States, and the Customary Courts of Kaduna State c. Significant variations among the Rules of Civil Procedure for Area 64 Courts, the Sharia Courts of Kano, Zamfara and Jigawa States, and the Customary Courts of Kaduna State 3. Cases on the Sharia Courts and Sharia Courts of Appeal 71 a. Mai Tangaram vs. Mai Taxi (Borno State High Court, 2002) 71 b. Maina vs. Wakil (Court of Appeal, 2004) 76 c. Kuta vs. Galadima (Niger State High Court, 2004) 79 d. Mohammed vs. Commissioner of Police (Niger State High Court, 2007) 91 4. Data on numbers of judges of the courts of the Sharia States, 1992 and 2008 95 5. Courses for alkalis 96 a. LL.B. (Sharia) courses in the universities 96 b. Hassan Usman Katsina Polytechnic, Katsina, Department of Sharia 96 and Civil Law, certificate and diploma courses, 1997 c. State College of Legal and Islamic Studies, Sokoto: certificate and 99 diploma courses, 2006 d. Centre for Islamic Legal Studies: course outline for Diploma in Sharia, 105 2008 1 SHARIA IMPLEMENTATION IN NORTHERN NIGERIA 1999-2006: A SOURCEBOOK CHAPTER 7: THE SHARIA COURTS AND THEIR JUDGES e. Centre for Islamic Legal Studies: short courses for Sharia Court 111 alkalis, 2008 f. National Judicial Institute: programmes for judges, 2006-08 112 6. Data on actual qualifications of alkalis and kadis 120 a. Data found elsewhere in this work 120 b. Two additional brief biographies 120 c. Data on qualifications of alkalis and kadis: February/March 2008 121 7. Data on remuneration of alkalis and kadis 122 a. Historical data on the remuneration of various categories of alkalis in 122 1950, 1958/59, and 1962/63 b. Remuneration of alkalis of the Sharia Courts: 2004 and 2008 125 c. Remuneration of Kadis of the Sharia Courts of Appeal: 2003-2007 137 and 2008 d. Comparative studies of the remuneration of the alkalis and kadis 140 2 DOCUMENTARY MATERIALS: STATUTORY MATERIALS 1. Statutory materials A considerable volume of legislation related to the creation and management of their new Sharia Courts has been enacted by the Sharia States. Subsection a gives a list by State of all of it (the editor believes) enacted through March 2008, with brief descriptions of what each law does or did respecting the courts. Subsection b gives the full text of one of the new Sharia Courts laws, that of Zamfara State, annotated to show variations between Zamfara‘s law, which was the first to be enacted and which was much copied by other States, and those of other States. Subsection c gives in full the provisions from all the new court-related laws on two topics – appointment, discipline and dismissal of alkalis and minimum qualifications of alkalis; the variations among the laws make these provisions difficult to summarise briefly, and especially in the case of the provisions on qualifications of alkalis the confusion is such as to make summary almost impossible. Subsection d gives tables correlating the sections of the Area Courts Edicts of 1967-68 with the sections of Zamfara State‘s Sharia Courts law. Finally, subsection e gives the text of Zamfara State‘s Magistrates Courts (Restriction of Powers) Law 2002. a. Catalogue of court-related legislation enacted by all Sharia States Note: codes of criminal procedure, enacted by the State Houses of Assembly, are included in this list; rules of civil procedure, promulgated by the Grand Kadis of the Sharia Courts of Appeal by authority granted them in the Sharia Courts laws, are documented in Part 2. Bauchi (1) Sharia Courts Commencement (Administration of Justice and Certain Consequential Changes) Law 2001, no gazetted copy available, copy of Task Force on Sharia Implementation draft, evidently signed into law in early June 2001, in possession of editor (establishing Sharia Courts; directing appeals in all matters civil and criminal from Upper Sharia Courts to Sharia Court of Appeal and expressly expanding Sharia Court of Appeal jurisdiction to such matters; establishing Sharia Consultative Council with, among others, screening and advisory powers respecting appointment and discipline of Sharia Court judges; repealing Area Courts Law) (2) Sharia Commission Law 2001, assented to 6th June 2001, no gazetted copy available, copy as signed by Governor in the possession of the editor (creating Sharia Commission with, among others, screening and advisory powers respecting appointment and discipline of Sharia Court judges, and duty to create and maintain ―awareness of the obligations of the citizen to the community under the Sharia legal system including the social and moral obligations of Sharia Court judges and other key personnel associated with the operation of Sharia legal system‖) (3) Sharia Courts Commencement (Administration of Justice and Certain Consequential Changes) (Amendment) Law 2001, assented to 29th June 2001, Bauchi State of Nigeria Gazette No. 5, Vol. 26, 29th June 2001, Supplement Part B, p. B15 (eliminating powers of Sharia Consultative Council respecting appointment and discipline of Sharia Court judges, which were given instead to Sharia Commission) 3 SHARIA IMPLEMENTATION IN NORTHERN NIGERIA 1999-2006: A SOURCEBOOK CHAPTER 7: THE SHARIA COURTS AND THEIR JUDGES (4) Criminal Procedure Code (Amendment) Law 2001, no gazetted copy available, copy of Task Force on Sharia Implementation draft evidently signed into law in early June 2001 in possession of editor (increasing the sentencing powers of Magistrate‘s Courts of all grades) (5) District Courts Law 2001, assented to 25th September 2001 (?), Bauchi State of Nigeria Gazette No. 15, Vol. 26, 25th Sept. 2001, pp. B169-207 (repealing and replacing old District Courts law, incorporating all amendments to date, including extensions of jurisdiction to non-Islamic law matters formerly heard in Area Courts) (6) Rent Control and Recovery of Premises (Amendment) Law 2001, assented to 29th June 2001, Bauchi State of Nigeria Gazette No. 4 Vol. 26, 20th June 2001 (transferring rent cases to District Courts) (7) Sharia Criminal Procedure Code Law 2002, assented to 15th February 2002, no gazetted copy available, copy as signed by Governor in the possession of the editor (governing criminal proceedings in Sharia Courts, documented in Chapter 5) Borno (1) Sharia Administration of
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