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Common Law and Sharia in Nigeria (Paperback)
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Common Law and Sharia in Nigeria (Paperback)
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This work was written 1989 and published for the first time in
2002. The author's intention is to inform even-handedly, national
and international debates about the misunderstandings surrounding
the Sharia and common legal systems in Nigeria. Balewa broadly
discusses Western and Islamic philosophical backgrounds of law,
relationships between law, politics and religion in society, and
concepts of secularism and secularity. He traces the history and
schools of Sharia law, and the sources of common law in Nigeria,
and its comparative religious and colonial foundations. He further
appraises two views of the controversy: namely, whether Sharia law,
as a fully-fledged legal system, should be reflected in the
Nigerian constitution - or not, given its contentious religious
content; and he states the case against Sharia. His conclusion is
that in view of the status quo, and the multi-ethnic,
mulit-religious nature of Nigerian society, there is a need for
understanding of the truths of both systems; and to find
appropriate means of ensuring their equality and peaceful
co-existence.
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