Islamic Law Provisions on Rape and Sexual Violence: Application in Bauchi State Sharia Courts

Rape under classical Islamic law falls within both the Hudud category (as zina of coercion) and the Ta'zir category depending on the procedural and evidentiary circumstances, making its adjudication in Sharia courts legally complex. Bauchi State's Sharia courts deal with sexual violence cases under a framework that must reconcile classical jurisprudential standards with modern human rights principles and federal constitutional obligations. This study examines the legal classification and adjudicatory treatment of rape cases in Bauchi State Sharia courts. A descriptive case study methodology is applied to twenty-five sexual violence case files from Bauchi Sharia courts from 2010 to 2022, supplemented by interviews with eight Sharia judges and five women's rights practitioners. The study investigates how courts define and prove lack of consent under Islamic evidentiary law, the interplay between Hudud and Ta'zir for sexual offences, victim procedural protections, and the availability of state-provided legal assistance. Existing scholarship identifies the risk that evidentiary standards designed for zina proceedings may inadvertently penalise rape complainants as a critical doctrinal and practical concern. The comparative positions of the Hanafi, Maliki, Shafi'i, and Hanbali schools on the zina bi-l-ikrah (rape) classification are evaluated. Findings are expected to reveal reliance on Ta'zir for most prosecutions given the insurmountable Hudud evidentiary burden. Recommendations address mandatory victim support services, revised prosecutorial guidance, and judicial training on contemporary Islamic sexual violence jurisprudence. Keywords: rape, sexual violence, Bauchi State, Islamic criminal law, Sharia courts.