USMANU DAN FODIYO UNIVERSITY, SOKOTO.

FACULTY OF LAW

GROUP D ASSIGNMENT

COURSE CODE & TITLE: LAW 208 (APPLICATION OF ISLAMIC LAW)

TOPIC:

DISCUSS THE EFFECTS OF THE CASE OF ABDULSALAM V. SALAWU (2002) 13

NWLR. PT.785 PG. 202. AND ITS EFFECTS ON THE APPLICATION OF ISLAMIC

LAW.

S/N NAMES ADMISSION NUMBER

1 ABDULKAREEM ABDULMAJEED BOLAKALE 2310500043

2 MUHAMMED BUSHROH MUHAMMED 2310500046

3 NAZIRU SULAIMAN 2310500047

4 ABDULFATTAH ABDULMUHSIN AJIBOLA 2310500052

5 MUHAMMAD NDAGI USMAN 2310500057

6 AMINU DALHATU MUHAMMAD 2310500067

7 JAMIL MUSTAPHA 2310500075

8 IBRAHIM AHMAD KANOMA 2310500085

The interconnection between Islamic law and Nigeria’s constitutional legal framework has

continuously led to both jurisdictional chaos and constitutional unrest. A central concern has

been the question of jurisdiction and the limits of Sharia law in a secular but religiously diverse

state. The case of Abdulsalam v. Salawu (2002) 13 NWLR (Pt.785) 202 is significant for its

clarification of the jurisdiction of Sharia Courts of Appeal under the Constitution. The Supreme

Court held that disputes concerning the appointment of an Imam do not constitute Islamic

personal law and are therefore outside the competence of the Sharia Court of Appeal.1

The decision has deep rooted implications for the practice of Islamic law in Nigeria.This paper

critically examines the effects of this case, traversing its doctrinal, practical, and comparative

consequences on Islamic law in Nigeria.

CASE SUMMARY

The dispute arose over the appointment of a Chief Imam. The plaintiff, a member of the Muslim

community, challenged the appointment before the High Court, while the defendant argued that

the matter was within the jurisdiction of the Sharia Court of Appeal since it touched on Islamic

law. The issue before the Supreme Court was whether the appointment of an Imam qualifies as

“Islamic personal law” under section 242 of the 1979 Constitution (now section 277 of the 1999

Constitution).2

1
Abdulsalam v. Salawu (2002) 13 NWLR (Pt.785) 202, at 215.

2
1999 Constitution of the Federal Republic of Nigeria, s.277(2)

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The Court answered in the negative, holding that Islamic personal law is limited to family and

succession matters such as marriage, divorce, inheritance, maintenance, and waqf.3 Since the

appointment of an Imam is neither personal nor family law, it falls within the jurisdiction of the

High Court.

KEY LEGAL ISSUES

Constitutional Supremacy: The decision emphasizes the supremacy of the Constitution as the

grundnorm of Nigeria.4 All laws, including Islamic law, derive legitimacy from the Constitution

and must operate within its boundaries.

Scope of Islamic Personal Law: The judgment clarified that Islamic personal law is restricted to

family and succession issues. Matters such as mosque administration and appointment of clerics

are excluded.5

Jurisdictional Demarcation: The ruling reinforced that jurisdiction is determined by subject

matter, not by the religious identity of the parties.6

3
1999 Constitution of the Federal Republic of Nigeria, s.277(2); see also Abdulsalam v. Salawu (2002) 13 NWLR (Pt.785) 202, at
217.

4
U. O. Umozurike, Introduction to International Law (Ibadan: Spectrum Books, 1993, 2nd edn) p. 45.

5
Oba Abdulrazaq, Islamic Law and its Application in Nigeria (Lagos: Malthouse Press, 2002) p. 112.

6
Malcolm N. Shaw, International Law (Cambridge: CUP, 2021, 9th edn) p. 312.

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 EFFECTS ON THE APPLICATION OF ISLAMIC LAW

The case settled uncertainty about the limits of Sharia jurisdiction. By reserving such disputes for

High Courts, it preserved constitutional supremacy and avoided overlaps. While some Muslim

scholars view the ruling as restrictive, it is consistent with the secular character of the Nigerian

state.7 A major critique is that High Court judges may lack expertise in Islamic law when

deciding such disputes.8 This has prompted calls for the use of assessors.9 Furthermore the

judgment balanced religious autonomy with state control, showing that even religious disputes

must comply with constitutional structures.10

The landmark case of Abdulsalam v. Salawu (2002) significantly impacted the Nigerian legal

landscape, especially regarding the application of Islamic law in contractual disputes. This case

provided clarity on how customary and Islamic law principles intersect with statutory provisions

in Nigeria, emphasizing the role of Sharia law within the national legal framework. The court’s

decision underscored the importance of reconciling Islamic legal norms with existing civil laws,

thereby reinforcing the coexistence of multiple legal system in Nigeria.11

An important effect of the case is its influence on judicial interpretation concerning conflicts of

law. The court set a precedent that where there is a conflict between Islamic law and statutory

provisions, the court must weigh public policy and constitutional principles before enforcing

7
A. Oba, “Islamic Law as Customary Law: The Changing Perspective in Nigeria” (2002) 17 African Journal of International and
Comparative Law 60, at 64.

8
Y. Y. Bambale, Islamic Law in Contemporary Nigeria: Issues and Challenges (Zaria: MUP, 2007) p. 89.

9
D. Olawoye, Jurisprudence and Constitutional Law in Nigeria (Ibadan: Onibonje Press, 2001) p. 134

10
E. Azinge, Restating Nigerian Law (Lagos: NIALS, 2010) p. 205.

11
I. M. Okoro, Islamic Law in Nigeria (Lagos: Legal Press, 2015), p. 125.

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Islamic law.12This framework protects individual rights and societal interests while respecting

religious laws, thus maintaining harmony in a pluralistic society.13

The case also prompted legal scholars and practitioners to revisit the harmonization of Islamic

law with Nigeria’s legal system. It called for legislative reforms to provide clearer guidelines on

the application of Sharia in commercial matters, ensuring that Islamic law does not conflict with

statutory law but complements it. Such reforms are essential to avoid legal uncertainty and

promote consistency in judicial decisions involving Islamic contracts.14

12
Abdulsalam v. Salawu (2002) 13 NWLR (Pt. 785) 202.

13
A. Oladipo, Legal Pluralism in Nigeria (Lagos: Juris Publications, 2017), p. 97.

14
N. Hamid, Sharia and Nigerian Law Reform (Kaduna: Reform Press, 2019), p. 89.

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 COMPARATIVE INSIGHT AND SCHOLAR'S COMMENTS

Similar jurisdictional tensions exist elsewhere. In Sudan, Sharia’s dominance has caused friction

between secular and religious authority.15 In Kenya and Tanzania, Kadi’s Courts are restricted to

family law, paralleling Nigeria’s constitutional model.16 As per scholarly comments, Umozurike

argues that limiting Islamic law to personal matters was deliberate to prevent conflict with

Nigeria’s secular system.17 The religious law cannot operate outside constitutional confines.18

Oba Abdulrazaq, however, notes that excluding mosque governance leaves gaps in legal

recognition of Islamic institutions.19

CONCLUSION

The ruling in Abdulsalam v. Salawu is a landmark in defining the scope of Islamic law in

Nigeria. It underscored the supremacy of the Constitution, clarified jurisdictional limits, and

restricted Sharia Courts to personal law. While the decision has been criticized for exposing High

Courts to Islamic disputes they may not fully understand, it ensures constitutional consistency.

Ultimately, the case reflects Nigeria’s delicate balancing of religious plurality and secular

constitutionalism.20

15
C. Okeke, Jurisdiction and the Nigerian Legal System (Enugu: Fourth Dimension, 2005) p. 76.

16
Journal of African Law, “Disputes Relating to the Appointment of Imams in Nigeria” (2023) JAL 1, at 3 (Cambridge University
Press).

17
Umozurike, Introduction to International Law, p. 46.

18
Shaw, International Law, p. 314.

19
Abdulrazaq, Islamic Law and its Application in Nigeria, p. 118.

20
R. A. Agbede, Themes on Conflict of Laws (Ibadan: Shaneson C.I. Ltd, 2001) p. 211.

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 REFERENCES

●​ U. O. Umozurike, Introduction to International Law (Ibadan: Spectrum Books, 1993, 2nd

edn).

●​ Malcolm N. Shaw, International Law (Cambridge: CUP, 2021, 9th edn).

●​ Oba Abdulrazaq, Islamic Law and its Application in Nigeria (Lagos: Malthouse Press,

2002).

●​ Niki Tobi, Sources of Nigerian Law (Lagos: MIJ Publishers, 1996).

●​ D. Olawoye, Jurisprudence and Constitutional Law in Nigeria (Ibadan: Onibonje Press,

2001).

●​ R. A. Agbede, Themes on Conflict of Laws (Ibadan: Shaneson C.I. Ltd, 2001).

●​ Y. Y. Bambale, Islamic Law in Contemporary Nigeria: Issues and Challenges (Zaria:

MUP, 2007).

●​ E. Azinge, Restating Nigerian Law (Lagos: NIALS, 2010).

●​ C. Okeke, Jurisdiction and the Nigerian Legal System (Enugu: Fourth Dimension, 2005).

●​ A. Oba, “Islamic Law as Customary Law: The Changing Perspective in Nigeria” (2002)

17 African Journal of International and Comparative Law.

●​ Journal of African Law, “Disputes Relating to the Appointment of Imams in Nigeria”

(2023, Cambridge University Press).

●​ 1999 Constitution of the Federal Republic of Nigeria, s.277(2).

●​ I. M. Okoro, Islamic Law in Nigeria (Lagos: Legal Press, 2015).

●​ Abdulsalam v. Salawu (2002) 13 NWLR (Pt. 785) 202.

●​ Oladipo, Legal Pluralism in Nigeria (Lagos: Juris Publications, 2017).

●​ N. Hamid, Sharia and Nigerian Law Reform (Kaduna: Reform Press, 2019).