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The House of Representatives has turned down a bill aimed at expanding the provisions for Islamic law in the 1999 Constitution.

Published by admin on October 26th, 2024.

Divisions Emerge in House of Representatives Over Islamic Law Bill

The House of Representatives has turned down a bill aimed at expanding the provisions for Islamic law in the 1999 Constitution

Sponsored by Aliyu Misau, a representative from the Misau/Dambam Federal Constituency in Bauchi State, the bill proposed removing the term “personal” from sections 24, 262, 277, and 288 of the Constitution, allowing Islamic law to be more broadly applied.

Currently, Section 262 (1) states that “the Sharia Court of Appeal shall exercise appellate and supervisory jurisdiction in civil proceedings involving questions of Islamic personal law.” Misau argued that retaining the word “personal” limits the scope of Islamic law, particularly regarding commercial applications.

He cited examples such as Jaiz Bank, which operates under commercial Islamic law, to illustrate that the Constitution must adapt to changes in the country’s legal landscape.

While northern lawmakers showed support for the proposed amendment, they faced significant pushback from their southern colleagues. Solomon Bob, representing Ahoada East/Abua/Odual Federal Constituency in Rivers State, expressed concern that removing “personal” would broaden the application of Islamic law beyond its intended scope, emphasizing that the term was deliberately included in the Constitution.

In contrast, Abdulhakeem Ado from Wudil/Garko Federal Constituency in Kano State argued in favor of the bill, asserting the need to support Islamic commercial law. Other northern lawmakers, Saidu Abdullahi and Ahmed Satomi, also backed the proposal.

Opposition came from Jonathan Gaza, Ademorin Kuye, and Awaji-Inombek Abiante, representing Nasarawa, Lagos, and Rivers States, respectively, who voiced concerns over the implications of such changes. Bamidele Salam, a PDP lawmaker from Osun State, cautioned against altering the Constitution in ways that could exacerbate religious divisions, recalling the historical sensitivity surrounding this issue during past constitutional assemblies.

When the Deputy Speaker, Benjamin Kalu, called for a voice vote, the majority of lawmakers present rejected the bill.