COMBATING IRHAB (TERRORISM) VIDE AFWU (AMNESTY GRANT) UNDER SHARI‘AH: A SYSTEMATIC COMPARISON WITH NIGERIAN LEGAL REGIME
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Date
2025-04-19
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Faculty of Law, Fountain University
Abstract
Terrorism has been a cankerworm inflicting pain on all and sundry across the universe. The innocent civilians have been at the receiving end. The ugly situation is not an exception in Nigeria. The legal regime criminalises the act of terrorism and searches for permanent preventive measures which culminates in the amnesty grants to terrorists in the country. Despite several amnesty grants to the terrorists in the country, it has not led to prevention due to incessant unexpected attacks by the terrorists. This article looks beyond the Nigerian legal regime of amnesty grants and ventures into the position under Shari‘ah jurisprudence regarding combating terrorism vide amnesty grant with a systematic comparison with the Nigerian legal regime. The article purely adopts the doctrinal method of legal research and finds that the grant of amnesty to terrorists under Shari‘ah jurisprudence is conditioned upon genuine repentance on the part of the terrorists before their arrest and non-commission of murder during the previous act of terrorism which conditions are absent in the Nigerian legal regime. The study recommends the Shari‘ah jurisprudential conditional approach to the Nigerian government.
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Fountain University Law Journal