Analytical Study of the Role of Fatwa Institutions in Nigerian Islamic Law Development: Authority, Legitimacy and Pluralism

📖 ABSTRACT/OVERVIEW

Fatwa-issuing institutions, including the Sultan of Sokoto's Sultanate Council, the Jama'atu Nasril Islam, state Sharia commissions, and individual Muftis, exercise significant normative authority in shaping Islamic legal practice in Nigeria without formal judicial status. The analytical examination of how these institutions contribute to Islamic law development, manage doctrinal diversity, and navigate contested questions of religious authority is a significant gap in the Nigerian Islamic legal scholarship. This study analytically examines the role and impact of Fatwa institutions in Nigerian Islamic law development. A doctrinal and institutional methodology is applied, reviewing selected fatawa issued by major Nigerian Islamic institutions from 2000 to 2023 on commercial, family, and criminal law questions, coding their doctrinal sources, methodological approaches, and impact on court practice, supplemented by structured interviews with twenty Islamic scholars serving in Fatwa-issuing roles. The study evaluates the authority basis for Nigerian Fatwa institutions, the doctrinal methodology employed, and the reception of their opinions by Sharia courts. Available Islamic legal theory literature from Nigeria identifies the multiplicity of competing Fatwa sources as a source of doctrinal fragmentation in Nigerian Islamic legal practice. The classical doctrine of Ifta (issuing legal opinions), the qualification requirements for the Mufti, and the theory of Taqlid (following juristic precedent) provide the analytical framework. Findings are expected to reveal competitive Fatwa pluralism without adequate coordination. Recommendations address a national Islamic law advisory council and formal Fatwa coordination mechanisms. Keywords: Fatwa, Islamic law development, Nigeria, juristic authority, institutional pluralism.

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Departments# Islamic Law