Quick Answer: Is Islamic law really a customary law?

Is Islamic law customary law?

Status. Sharia used to be categorized as a customary law in Nigeria. This position has changed given the judicial pronouncement in the case of Alkamawa V Bello(1998) LPELR-SC. 293/1991 Hence, Sharia is now seen as a distinct and universal legal system.

What type of law is Islamic law?

‘Islamic law’ refers to juristic interpretations (fiqh) of divine law (sharīʿah); ‘Muslim legalities’ refers to either state law (where Muslims are the majority or minority) or the legal practices of non-state Muslim communities.

What is Islamic law based on?

Shariah is Islamic law derived from the teachings of the Quran and of Muhammad. It is not a list of rules but rather a set of principles on aspects of life, including marriage, divorce, finance and rituals such as fasting and prayer.

What is customary law as a source of law?

Primarily, customary law is that body of law deriving from local customs and usages of traditional Africa. As a source of law in the Anglophonic Africa customary law now includes Islamic law, and only those local customs which are not repugnant to “natural justice, equity and good conscience.”

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What are the test of validity of customary law?

(iv) The British administration permitted the application of the rules of customary law provided they pass a general test of validity: not repugnant to natural justice, equity and good conscience or incompatible either directly or by implication with any law for the time being in force.

Nigeria’s constitution ensures freedom of religion and the country is home to some of the world’s largest Muslim and Christian populations, simultaneously.

What are the 2 main branches within Islam?

Though the two main sects within Islam, Sunni and Shia, agree on most of the fundamental beliefs and practices of Islam, a bitter split between the two goes back some 14 centuries. The divide originated with a dispute over who should succeed the Prophet Muhammad as leader of the Islamic faith he introduced.

What are the haram things in Islam?

The religious term haram, based on the Quran, is applied to: Actions, such as cursing, fornication, murder, and disrespecting your parents. Policies, such as riba (usury, interest). Certain food and drink, such as pork and alcohol.

What are the 4 sources of Islamic law?

The primary sources of Islamic law are the Holy Book (The Quran), The Sunnah (the traditions or known practices of the Prophet Muhammad ), Ijma’ (Consensus), and Qiyas (Analogy).

Can Muslims date non Muslims?

Though historic Sunni Islam prohibits Muslim women to marry non-Muslim men in Islam, in parts of the diaspora, interfaith marriages between Muslim women and non-Muslims take place at substantial rates, contravening the traditional Sunni understanding of ijma.

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What is forbidden under Sharia?

The main practices that are prohibited are usury, ambiguity in contracts (gharar), gambling and games of chance (maysir), fraud, bribery, the use of false weights and measures, taking others’ property unlawfully, and transactions on prohibited (haram) things.

What are Muslims not allowed to eat?

A Muslim does not eat generally available meat or food that contains animal fats, in case it contains pork fat or fat from other animals not ritually slaughtered. Fish and eggs must be kept strictly separate from meat during preparation.

Is customary law legally binding?

Customary law is an important source of international law because it binds all nations, and so is not limited in its application, as a treaty is, by reference to who has ratified it or acceded to it.

Why is customary law important?

Customary law can be a means of self-governance and of dispute resolution – it is a way for communities to control their own lives. The Founding Chairperson of the United Nations Working Group on Indigenous Populations, Professor Erica Irene-Daes, has described self determination as ‘the freedom to live well.

What is the use of customary law?

For centuries, customary or traditional laws have governed the use of biological resources throughout the world. The systems of customary law in traditional cultures often dictate limits on how much of a specific biological resource can be used and in what seasons.

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