WHETHER COURT CAN CONDUCT INVESTIGATIONS ON ISSUES BROUGHT BEFORE IT UNDER ISLAMIC LAW
“I have gone through the records of proceeding in the Court below. I have also examined the arguments of the parties before us vis-a-vis the records and the prevailing law. It was discovered from the records that the Sharia Court of Appeal invoked the provision of S.11 of the Sharia Court of Appeal Law 1960 as amended by recalling the parties and their witnesses as well as the valuers called by the parties and that appointed by the Court below and come to the (valuation) conclusion which now forms the basis of the judgment being challenged by the appellant.
The procedure adopted by the SCA was to conduct in-depth investigation regarding the issue brought before them which was whether or not the various valuations which had been done before was properly done and if not to remedy any defect arising from the earlier ones. This they did in my view very successfully. The question to be asked is whether this procedure accords with the laid down principles of Islamic Law? I will answer this poser in the affirmative. This is because the original and primary source of Islamic law – the Holy Quran provides that no judge shall give judgment on any issue brought before him without conducting proper investigation. See Quran Ch. 49 verse 6 P. 70. This goes thus:
“O ye who believe, If an evil-liver brings upon tichings (complaint) Investigate it Lest ye smite some folk in ignorance
And afterward repent of ye did.”
From the foregoing provisions, I hold that the procedure adopted by the SCA in arriving at this judgment accords with the principles of Islamic Law. What is more, it was seen from the records that the appellant agreed to the modalities leading to the valuation finally approved by the SCA and even had input from a valuer appointed by him. Under Islamic Law, such an admission by a sane adult binds him for, where a claim is admitted there is no need to call say witness. See Issa v. Alabi (1961 – 1989) 1 SLRN 177; see also Las and Anor v. Iro (1961-1989) 1 SLRN (1961-1989) 1 SLRN (1961-1989) 189.”
đź“ťWALI -VS- IBRAHIM (1996) LPELR-13158(CA)
Islamic Law Digest 