An Original Investigation of the Intersection Between Islamic Law and Commercial Law in Northern Nigerian Business Practice

The intersection of Islamic law and statutory commercial law in Northern Nigerian business practice has created a hybrid legal environment in which transactions are simultaneously governed by Sharia principles, customary commercial practice, and Nigerian statute, yet the theoretical characterisation of this plural commercial law order and its practical consequences for contracting, dispute resolution, and regulatory compliance have not been systematically investigated. This study makes an original contribution to understanding the intersection of Islamic law and commercial law in Northern Nigeria, developing an original Islamic-Statutory Commercial Law Intersection Theory (ISCLIT) that maps the zones of congruence, tension, and mutual accommodation between Islamic commercial law norms and Nigerian statutory business law. The theoretical framework draws on legal pluralism theory, Islamic jurisprudence and commercial law scholarship, and Nigerian constitutional law to develop a model of how Islamic and statutory commercial norms are reconciled in practice. The study employs a multi-site ethnographic legal research methodology combining fieldwork observation of commercial practice in Kano, Sokoto, Maiduguri, and Bauchi with structured interviews of 60 Islamic scholars, commercial court judges, Sharia Court registrars, business owners, and lawyers experienced in Northern Nigerian commercial practice. Documentary analysis of Sharia Court commercial judgments from four Northern states from 2015 to 2023 provides primary source material. Results identify three original mechanisms of Islamic-statutory commercial law integration: doctrinal translation, institutional bypass, and consensual accommodation, each with distinct consequences for commercial certainty and dispute resolution quality. The study constitutes an original scholarly contribution to pluralist commercial law theory in sub-Saharan Africa.

Keywords: Islamic law, commercial law, legal pluralism, Northern Nigeria, Sharia Courts