Islamic Law and Commercial Arbitration in Nigeria: Prospects for a Unified Sharia Arbitration Framework

Commercial arbitration under Islamic law (Tahkim) provides an alternative dispute resolution mechanism grounded in Islamic jurisprudence that can serve the needs of Muslim commercial parties who prefer Sharia-based resolution of their contractual disputes. In Nigeria, the Arbitration and Conciliation Act 2023 provides for secular arbitration but lacks specific provisions for Sharia-compliant arbitration, creating a regulatory gap for Muslim commercial parties. This study examines the doctrinal basis and practical prospects for a unified Sharia arbitration framework within Nigerian commercial dispute resolution. A doctrinal and comparative methodology is adopted, reviewing Islamic jurisprudential principles of Tahkim, the Arbitration and Conciliation Act 2023, and selected comparative frameworks from Malaysia, the United Arab Emirates, and the United Kingdom's Islamic Finance Arbitration Tribunal. The study evaluates the requirements for valid Sharia arbitration agreements, the qualifications of Islamic arbitrators, the scope of arbitrable disputes, and the enforceability of awards under Nigerian courts. Existing scholarship identifies the absence of a formal Sharia arbitration regulatory framework as a deterrent to the use of Islamic dispute resolution in Nigeria's commercial sector. The classical doctrine of Tahkim al-Shariat and the Maqasid-based case for Islamic ADR provide the analytical framework. Findings are expected to reveal a strong demand alongside inadequate institutional infrastructure. Recommendations address development of a Nigerian Islamic Arbitration Centre, model Sharia arbitration clauses for commercial contracts, and training for Islamic arbitrators. Keywords: Tahkim, Islamic arbitration, commercial disputes, Nigeria, Sharia framework.