Jurisdiction under Islāmic Law

JURISDICTION OF THE SHARIA COURT OF APPEAL

“The jurisdiction of the Sharia Court of Appeal is constitutional and circumscribed as prescribed in Section 277(2) of the Constitution, 1999.

“Section 277(2) provides as follows:
2. For the purposes of Subsection (1) of this Section, the Sharia Court of Appeal shall be competent to decide:
(a) any question of Islamic personal law regarding a marriage concluded in accordance with that law, including a question relating to the validity or dissolution of such a marriage or a question that depends on such a marriage and relating to family relationship or the guardianship of an infant;
(b) where all the parties to the proceedings are Muslims, any question on Islamic personal law regarding a marriage, including the validity or dissolution of that marriage, or regarding family relationship, a foundling or the guardianship of an infant;
(c) any question of Islamic personal law regarding a wakf, gift, will or succession where the endower, donor, testator or deceased person is a Muslim;
(d) any question of Islamic personal law regarding an infant, prodigal or person of unsound mind who is a Muslim, or the maintenance or the guardianship of a Muslim who is physically or mentally infirm; or
(e) where all the parties to the proceedings, being Muslims, have requested the Court that hears the case in the first instance to determine that case in accordance with Islamic personal law, any other question.

It seems to me that the Section is unambiguous on a fair construction that the jurisdiction of the Sharia Court of Appeal is confined to and limited to all questions of what is termed ‘Islamic personal law’; in other words, Islamic personal status, regarding the matters prescribed in Sub-section 2(a-e). These Subsections relate to marriage and its dissolution, family relationship and guardianship of infants. They also include wakf, gift, will or succession where the endower, donor, testator or deceased person is a Muslim. Included is the determination of any question of Islamic personal law regarding a Muslim an infant – prodigal, person of unsound mind, on the maintenance or guardianship of a physically or mentally infirm Muslim,and all other cases where the parties have requested the Court to determine the case in accordance with Islamic personal law.”

The above was held in the case of BUBA & ANOR v. MUSA & ANOR (2006) LPELR-7675(CA)

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