Reps reject bill seeking to expand Islamic law in 1999 constitution

The House of Representatives on Thursday rejected a bill seeking to expand Islamic law in the 1999 constitution.

The bill which was a constitutional amendment bill was sponsored by Rep Aliyu Missau.

The bill intended to amend sections 24, 262, 277, and 288 of the 1999 constitution by removing the word “personal” wherever “Islamic law” is mentioned from the section, allowing “Islamic law” to stand on its own.

Section 262 (1) of the constitution states that: “The Sharia Court of Appeal shall, in addition to such other jurisdiction as may be conferred upon it by an Act of the National Assembly, exercise such appellate and supervisory jurisdiction in civil proceedings involving questions of Islamic personal law”.

Leading the debate, Missau said the inclusion of the word “personal” after “Islamic” restricts its application, especially in Islamic commercial laws.

As students of history, we all know the background of this particular section during the various constitutional assemblies of 1979, 1989, and 1999. The drafters of the constitution were highly sensitive to religion,” he said.

“At the 1979 constitutional assembly, this particular section was very contentious until the military intervened to halt further debate, stating that the application of Islamic law would be restricted to personal matters like estates.

“We must be careful with any changes to the constitution that could further widen divisions in Nigeria. In any case, the matters my colleague seeks to address are already covered by existing laws.”

The bill was however rejected when it was put to a voice vote by Deputy Speaker Benjamin Kalu, who presided.