Rita Odafe
House of Representatives Rejects Sharia Law Expansion Bill
On Thursday, October 24, the House of Representatives dismissed a proposal aimed at broadening Islamic law within Nigeria’s 1999 constitution.
The bill, introduced by Aliyu Missau, sought to revise several sections—24, 262, 277, and 288—by eliminating the term “personal” from mentions of “Islamic law”.
Specifically, Section 262 (1) states: “The Sharia Court of Appeal shall, in addition to such other jurisdiction as may be conferred upon it by an Act of the National Assembly, exercise such appellate and supervisory jurisdiction in civil proceedings involving questions of Islamic personal law”.
Missau contended that the term “personal” limits the application of Islamic law, particularly regarding commercial aspects. He remarked, “The 1999 constitution provided for personal Islamic law. The constitution did not envisage the dynamism and development that may come into the country,” noting that the formation of entities like Jaiz Bank, which operates under commercial Islamic principles, was unforeseen at that time.
He argued for removing the term to enhance the scope of Islamic commercial law and international law.
Support for the bill came from several northern representatives, while southern lawmakers perceived it as an attempt to expand the reach of Sharia law. Solomon Bob from Rivers criticized the amendment, stating it would extend Islamic law’s application beyond “personal matters” originally contemplated by the constitution’s authors. He cautioned, “The implication is that if the word ‘personal’ is removed, Islamic law would have broader implications. The word ‘personal’ was put there for a reason,” he asserted.
Supporters of the bill included AbdulHakeem Ado from Kano, who stated that Islamic commercial law deserves to be upheld. Other proponents included Saidu Abdullahi from Niger and Ahmed Satomi from Borno.
In contrast, Jonathan Gaza from Nasarawa, Ademorin Kuye from Lagos, and Awaji-Inombek Abiante from Rivers opposed the legislation.
The proposal was ultimately rejected through a voice vote conducted by Deputy Speaker Ben Kalu during the session.
