Developing a Theory of Maqasid-Based Constitutional Review for Sharia Legislation in Nigeria

Judicial review of Sharia legislation in northern Nigeria currently applies a constitutional compliance standard derived from the 1999 Constitution's rights provisions, but lacks a Sharia-internal review standard that evaluates legislative compliance with the objectives of Islamic law. The development of a Maqasid-based constitutional review theory, analogous to proportionality review in secular constitutional adjudication, would provide Islamic law with an internal critique mechanism capable of invalidating Sharia legislation that violates the objectives of Islamic legal science. This study develops an original theory of Maqasid-based constitutional review for Sharia legislation in Nigeria. A theoretical jurisprudential methodology is applied, constructing the theory through engagement with the Maqasid scholarship of Al-Shatibi, contemporary Maqasid theorists including Jasser Auda and Tariq Ramadan, and the comparative constitutional review theory of proportionality from Aharon Barak and Robert Alexy. The theory is operationalised through application to fifteen northern Nigerian Sharia legislative provisions identified in earlier literature as raising Maqasid compliance concerns. The original contribution is a four-stage Maqasid Review Test: identification of the relevant Maqasid objective, assessment of whether the legislative provision promotes that objective, evaluation of whether it causes Mafsada (harm) that outweighs its Maslaha, and consideration of less harmful alternative legislative formulations. The test is applied to demonstrate its operational effectiveness in the Nigerian legislative review context. Available Maqasid legal theory literature identifies the underutilisation of Maqasid in judicial review as a significant Islamic law development opportunity. Keywords: Maqasid al-Shariah, constitutional review, Sharia legislation, Nigeria, judicial review theory.