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Domestic Legal Pluralism and the International Criminal Court - The Case of Shari'a Law in Nigeria (Hardcover)
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Domestic Legal Pluralism and the International Criminal Court - The Case of Shari'a Law in Nigeria (Hardcover)
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This book explores how the unique historical development of Islamic
Shari'a criminal law alongside English common law in northern
Nigeria has created a hybridised criminal legal system through a
pluralist dynamic of mutual accommodation. It studies how this
system may potentially be accommodated by the International
Criminal Court. The work examines how this could be accommodated
through the current understanding and operation of complementarity,
and that it could ultimately prove to be preferable in encouraging
the Shari'a courts to exercise criminal justice over the radical
insurgents in northern Nigeria. These courts would have the
unprecedented ability to combine binding adjudicative judgments
together with religious interpretation and guidance, which can
directly combat the predominantly unchallenged domain of ideology
by extremist actors. It is submitted that these pluralist
perspectives are timely and welcome, given the undeniably Western
European foundations of modern International Criminal Law. In
exploring such potential avenues, our shared understanding of
modern international criminal justice is widened to necessarily
include other stakeholders beyond its Western founders. It is the
aim and hope that such interactions and engagements with
non-Western traditions and cultures will lead to a greater shared
ownership of the international criminal justice project, which will
only strengthen the global fight against impunity. The book will be
essential reading for academics, researchers and policy-makers
working in the areas of International Criminal Law, Legal
Pluralism, Islamic Shari'a Law, Nigeria, and religiously-inspired
violence.
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