An Assessment Of Islamic Law As Customary Law Vis A Vis The Supreme Court Ruling In Alkamawa V Bello And Anor 1998 6 Scnj 127

ABSTRACT  There has been a controversy as to the question whether Islamic law can be classified as customary law in Nigeria. There exists a divide among jurisprudential scholars as to the answer to this question but the prevailing school of thought sees Islamic law as customary law. This position is supported by Nigerian Statues as is made evident by the provision of section 2 of the Native Courts Law 1957 and its succeeding legislations which states that ‘native law and custom includes Moslem law’ and most importantly the Nigerian1999 Constitution which provided for a Sharia Court o…