Application of Hudud Punishments in Kano State Sharia Courts: Doctrinal Standards and Judicial Practice

📖 ABSTRACT/OVERVIEW

The application of Hudud punishments, those with fixed penalties prescribed in the Quran and Sunnah, represents the most contested dimension of Sharia criminal law re-implementation in northern Nigeria. Kano State's Sharia courts have jurisdiction over Hudud offences yet operate within a federal constitutional framework that raises questions about the legal validity and practical enforcement of such penalties. This study examines the doctrinal standards governing Hudud application and evaluates their conformity with actual judicial practice in Kano State courts. A doctrinal and empirical methodology is adopted, reviewing the Kano State Sharia Penal Code and Criminal Procedure Code, analysing thirty selected Hudud-related court files from 2000 to 2022, and conducting structured interviews with fifteen Sharia judges and defence practitioners. The study investigates the evidentiary thresholds required for Hudud conviction, the frequency and nature of judgments rendered, and the constitutional constraints arising from Section 36 of the 1999 Nigerian Constitution. Existing scholarship identifies the near-impossibility of meeting Hudud evidentiary standards as a systemic reason for their rare application in practice. The doctrine of Shubhat (doubt) as a Hudud bar and the principles of Ta'zir (discretionary punishment) as alternatives are evaluated. Findings are expected to demonstrate a significant gap between doctrinal prescription and court practice. Recommendations address judicial training in classical evidentiary doctrine and clearer legislative guidance on Hudud-Ta'zir boundaries. Keywords: Hudud, Sharia courts, Kano State, criminal law, judicial practice.

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Departments# Islamic Law