FEASIBILITY FOR HARMONISATION OF SHARI’AH AND COMMON LAW APPROACH IN THE RESOLUTION OF ISLAMIC FINANCE DISPUTES IN NIGERIA
| dc.contributor.author | KUDIRAT MAGAJI W. OWOLABI | |
| dc.date.accessioned | 2026-05-09T10:19:50Z | |
| dc.date.available | 2026-05-09T10:19:50Z | |
| dc.date.issued | 2024-09-08 | |
| dc.description.abstract | A few years back, some states in the Federal Republic of Nigeria announced the adoption of the full application of Shari’ah. This raised many questions about the feasibility of the coexistence of Shari’ah and Common law in a former British colony whose Constitution is primarily based on the British Legal System. Similar tensions have been displayed towards the application of Shari’ah in the resolution of Islamic finance disputes at the Common law courts or where parties adopt alternative dispute resolution (ADR). The reality is how to reconcile these two systems of Common law and Shari’ah. The paper therefore highlights resolution strategies as applicable to Islamic finance disputes by Common law-oriented courts in Nigeria and the danger therein. The paper contends that instances of Islamic finance cases appearing before the Common law courts in Nigeria are distressing. There is a need for an Islamic resolution framework to regulate Islamic finance disputes in Nigeria owing to the unique approach in the UK, which gives parallel recognition to Islamic finance matters whether at the English Court or before an arbitration tribunal. This paper therefore suggests that certain Shari’ah and Common law principles be harmonised provided the two legal systems are kept in equilibrium. Harmonisation is therefore necessary in the resolution of Islamic financial disputes, especially where the dispute is before the Common law-oriented court or where ADR is adopted. | |
| dc.description.sponsorship | SELF | |
| dc.identifier.citation | In Contemporary Issues in Harmonising the Shari’ah and Law: Maqasidic Orientation & Guidelines. Chapter 19 | |
| dc.identifier.isbn | 978-967-25777-8-2 | |
| dc.identifier.uri | https://kwasuspace.kwasu.edu.ng/handle/123456789/6930 | |
| dc.language.iso | en | |
| dc.publisher | Ahmad Ibrahim Kulliyah School of Laws, International Islamic University, Malaysia. | |
| dc.title | FEASIBILITY FOR HARMONISATION OF SHARI’AH AND COMMON LAW APPROACH IN THE RESOLUTION OF ISLAMIC FINANCE DISPUTES IN NIGERIA | |
| dc.type | Book chapter |