NİJERYA'DA İSLAM HUKUKUNUN STATÜSÜNÜ DEĞİŞTİRMEDEKİ JOSEPH SCHACHT'İN ROLÜ

Abstract

This work looks into the historical and empirical links between Schacht`s theories of the origin of Islamic law and the transformation of its status and epithet in Nigeria. The end of the nineteenth and the dawn of the twentieth centuries witnessed extensive activities of colonialism that shaped the quintessence of the contemporary paradigm at all levels. Islamic law is no exception. British colonialism met some established institutions in the Northern States of Nigeria such as a multifaceted system of Sharia courts which was being manned and administered by an Alkali, an Islamic law judge. At the inception, nothing was done to alter the established law institution. This was accompanied by the introduction of “indirect rule” in the northern part of the country. This period also witnessed intensive activities of orientalists such as Joseph Schacht who worked vigorously on the provenance and development of Islamic jurisprudence. He came up with some theories such as the "living tradition", "popular practice” among others. He concluded that Islamic law did not stem directly from Al-Quran but developed out of popular and administrative practice under the Umaiyads. By that, he tried to cut the link between Islamic law and its primary sources namely Al-Quran and Hadith. These theories were well communicated to colonial authorities who took them as the basis for the assessment and evaluation of Islamic law. It is from this point; the status of Islamic law was out rightly changed from that of religious law to customary law. It is concluded that Schacht`s theories permanently influenced the status of Islamic law in the constitution of Nigeria.