Application of Islamic Law of Evidence in Nigerian Sharia Courts: A Case Study of Zamfara State

📖 ABSTRACT/OVERVIEW

The re-introduction of Sharia law in twelve northern Nigerian states following the return to democracy in 1999 revived debates about the application of Islamic rules of evidence in criminal and civil proceedings. This study examines how the law of evidence under Islamic jurisprudence is applied in the Sharia courts of Zamfara State, focusing on testimonial evidence, confession, and circumstantial proof. A doctrinal and descriptive research methodology is adopted, combining textual analysis of Zamfara State Sharia Penal Code, court records, and relevant judicial decisions from 2000 to 2023 with structured interviews involving twelve Sharia court judges and legal practitioners. The study evaluates the extent to which the evidentiary standards of the four major Sunni legal schools (Hanafi, Maliki, Shafi'i, and Hanbali) inform judicial practice in Zamfara. Findings from existing literature suggest that Maliki principles dominate evidence assessment in Zamfara courts, though inconsistent application creates disparities in adjudication outcomes. The study further interrogates the interplay between federal Nigerian Evidence Act provisions and Islamic evidentiary rules where jurisdictional overlaps arise. Findings are expected to reveal significant procedural gaps that compromise fair trial standards. Recommendations address judicial training needs, harmonisation of evidentiary standards across Sharia court levels, and legislative clarification of concurrent evidentiary jurisdictions. Keywords: Islamic evidence, Sharia courts, Zamfara State, testimonial proof, judicial practice.

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Departments# Islamic Law