Integrating Islamic Law Principles into Nigerian Commercial Arbitration: A Professional Practitioner’s Guide

The growing Nigerian commercial arbitration market increasingly encounters parties who wish to incorporate Islamic law principles into their arbitration agreements, whether through Sharia-compliant governing law clauses, Islamic arbitrator qualification requirements, or Sharia-consistent award enforcement conditions. Legal practitioners guiding commercial clients through these choices require professional guidance on integrating Islamic law into the Nigerian arbitration framework. This study develops a practitioner's professional guide for integrating Islamic law principles into Nigerian commercial arbitration under the Arbitration and Conciliation Act 2023. A professional legal analysis methodology is applied, reviewing the ACA 2023 provisions on arbitration agreements, arbitrator appointment, applicable law, and award enforcement alongside Islamic Tahkim jurisprudence, UNCITRAL Model Law provisions, and the practice guidelines of the Dubai International Islamic Finance Centre's arbitration centre. Structured interviews with twenty commercial arbitration practitioners and twelve Islamic law scholars in Lagos, Abuja, and Kano inform the practical guidance sections. The study addresses Islamic law clause drafting standards, arbitrator qualification requirements under Islamic law, the treatment of Sharia-invalidating contract terms, and enforcement of awards under the New York Convention where Islamic law governs. Available professional arbitration literature from Nigeria identifies lack of practitioner familiarity with Islamic arbitration doctrine as the primary integration barrier. The classical Tahkim doctrine and the ACA 2023 framework provide the dual analytical reference. Recommendations include model Islamic arbitration agreement clauses, a practitioner's Sharia arbitration checklist, and professional development programmes for commercial lawyers on Islamic arbitration. Keywords: Islamic arbitration, Tahkim, commercial practice, Nigeria, arbitration clauses.