ABSTRACT

As a result of interactions between individuals, it is normal for dispute to arise. Islamic Law had provided the procedures through which such dispute can be judicially determined. Nigerian Courts are enjoined to apply procedural Rules enunciated by Makili School of jurisprudence. Full application of Islamic Civil procedure in Nigeria has been limited by some statutes. Most of the texts on Islamic Civil Procedure are classical and written in Arabic language. The rules of Islamic Civil Procedure enunciated by the classical books are yet to be comprehensively codified to guide Nigerian Courts in conducting trials. Unfortunately the poor level of knowledge of Islamic procedure rules among lawyers and the lower courts judges has led to incorrect appreciation and application of the rules. The scope to be covered by this research is: the sources of Islamic Civil procedure, conditions precedent to commencement of civil action, hearing and determination of disputes. The research methodology of the thesis is doctrinal and analytical. In the course of the research, some findings or observations were made. The research found that there is no clear distinction between substantive and procedural law in Islamic Law and most of the texts on the subject are written in classical Arabic which is technical in nature. The jurisdiction of Shari’a Court of Appeal in Nigeria is limited to Islamic personal Status. Suggestions were made in the research as proffered solutions to the enumerated findings/observations.

TABLE OF CONTENTS: PAGES Title Page i Declaration ii Certification iii Dedication iv Acknowledgements v – vi Abstract vii List of abbreviations viii Glossary viii xi Table of cases xii – xiii Table of statutes xiv Table contents xv – xvii CHAPTER ONE: – GENERAL INTRODUCTION 1:0 Introduction 1 – 8 1:1 Statement of the problem 9 – 14 1:2 Objectives of the research 14 – 15 1:3 Justification 15 Scope of the research 1:4 Research Methodology 16 1:5 Literature review 16 – 23 1.6 23 – 24 1:7 Organizational lay out 24 – 27 CHAPTER TWO: – SOURCES OF ISLAMIC CIVIL PROCEDURE 2:0 Introduction 28 – 29 2:1 Qur’an 30 – 40 2:2 Sunnah 40 – 47 2:2(i) Classificationa of Sunnah 47 – 51 2:3 Classical works of Islamic Jurisprudence 51 – 68 2:4 Contemporary works of Islamic Jurisprudence 68 – 73 2:5 Constitution of the Federal Republic of Nigeria 1999 73 – 75 2:6 Statutes creating Shari’a Courts in Nigeria 75 – 79 2:7 Rules of Shari’a Courts in Nigeria 79 – 81 2.8 Decisions of superior Courts on Islamic Law Practice and Procedure 81 – 83. CHAPTER THREE: – COMMENCEMENT OF ACTION. 3:0 Introduction 84 – 85 3:1 Jurisdiction 85 – 99 3:2 Parties 100 – 114 3:3 Service of Court Processes 114 – 119 3:4 Claim 119 – 123 CHAPTER FOUR: – HEARING AND DETERMINATION OF ISLAMIC CIVIL ACTION 4:0 Introduction 124 – 125 4:1 Commencement of hearing 125 – 132 4:2.0 Means of proof 132 – 134 4:2 Admission 134 – 142 4:2.2(i) Essential of Admission 142 – 145 4:2.2(ii) Withdrawal of admission 145 – 146 4:3 Evidence/Testimony 146 – 148 4:3(i) Competency of witnesses in Islamic Law and procedure 149 – 158 4:3(ii) Procedure of Giving Evidence 158 – 163 4:4.0 Documentary Evidence 163 – 173 4:5.0 Hearsay Evidence 173 – 176 4:5(i) Condition for the Admissibility of Hearsay Evidence 176 – 177 4:6. Expert Evidence 177 – 181 4:7 Oath 181 – 196 4:8 Procedure for absent 196 – 201 4:9 I’zar 201 – 204 4:10 Judgment and its Execution 205 – 213 CHAPTER FIVE: – CONCLUSION 5:1 Summary 215 – 218 5:2 Observations 218 – 244 5:3 Recommendations 245 – 252 5:4 Bibliography 253 – 257