📖 ABSTRACT/OVERVIEW
The crime of apostasy (Ridda) under classical Islamic criminal law carries the death penalty in certain schools of jurisprudence, yet its application in contemporary Muslim-majority states is increasingly subject to reform debates that seek to distinguish political treason from sincere religious conversion. In Nigeria, apostasy provisions in northern state Sharia codes have generated significant human rights controversy. This study critically analyses the legal treatment of Ridda in Nigerian Sharia jurisprudence, focusing on Sokoto and Kano State Sharia Penal Codes and selected judicial decisions. A doctrinal analytical methodology is adopted, reviewing relevant Sharia code provisions, documented Ridda-related proceedings, and comparative scholarship on apostasy law reform in contemporary Muslim states. Interviews with eight Islamic legal scholars and four human rights practitioners supplement the documentary analysis. The study evaluates the classical Hanafi-Maliki-Shafi'i positions on apostasy, contemporary Islamic legal reformist arguments, and the constitutional constraints arising from Sections 38 and 33 of the 1999 Nigerian Constitution. Existing scholarship identifies the judicial reluctance to apply death sentences for apostasy in Nigerian Sharia courts as evidence of implicit reform through non-enforcement. The theory of Ikhtilaf (juristic disagreement) and the reformist Maqasid-based argument for freedom of conscience provide analytical reference points. Findings are expected to reveal de facto non-enforcement alongside persistent doctrinal ambiguity. Recommendations address legislative reform options consistent with Islamic legal theory and constitutional rights. Keywords: apostasy, Ridda, Sharia criminal law, religious freedom, Nigeria.
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