The bill, which is sponsored by Aliyu Missau, intended to amend sections 24, 262, 277, and 288 of the 1999 constitution by removing the word “personal” wherever “Islamic law” is mentioned.
Section 262 (1) of the constitution states that: “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”
Aliyu Missau argued that the inclusion of the word “personal” after “Islamic” restricts its application, especially on Islamic commercial laws.
“The 1999 constitution provided for personal Islamic law. The constitution did not envisage the dynamism and development that may come into the country,” he said.
“For instance, in 2003, the constitution did not foresee the advent of Jaiz Bank which operates under commercial Islamic law.”
The lawmaker said the word “personal” should be removed to benefit Islamic commercial law and Islamic international law, among others.
While some northern legislators supported the bill, those from the south view the proposal as an effort to extend the reach of Sharia law.
Opposing the bill, Solomon Bob from Rivers said the amendment would broaden the application of Islamic law beyond the “personal matters” envisaged by the framers of the constitution.
“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,” the lawmaker said.
AbdulHakeem Ado from Kano supported the bill, saying Islamic commercial law needs to be sustained.
Saidu Abdullahi from Niger state and Ahmed Satomi from Borno were among lawmakers who spoke in favour of the bill.
Jonathan Gaza from Nasarawa, Ademorin Kuye from Lagos, and Awaji-Inombek Abiante from Rivers kicked against the proposed legislation.
The bill was rejected when it was put to a voice vote by Ben Kalu, the deputy speaker, who presided over plenary.
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