Appraisal of the conflict between sharia law and rule of law on rights of women in Nigeria

Abstract

The study “ appraisal of the conflict between sharia law and the rule of law on rights of women in Nigeria is inclined to reviewing the disagreement or incompatibility arising from injustices against women by the sharia law, which the rule of law is at variance with. Through its organ, the United Nations Organization had declared that all human beings, irrespective of gender, colour are entitled to enjoy the content of Universal Declaration of Human Right effective 1948. Consequently, every bonafide member of UNO, including Nigeria, must not only enshrine the declaration in its constitution but must also enforce and sustain such enforcement. The aforementioned exigency informed this study seeing that many states in the Nigerian Federation, especially from the north are fast adopting sharia law.The study was anchored on positive legal theory to critical explain the need for law in the society.Basically, data was elicited through secondary source. Findings revealed inter alia; that sharia law reduced the constitutional rights of women to live a dignified life; the rule of law was not very vociferous against the identified obnoxious practices of sharia law against women in northen Nigeria. Following the findings made, the study concluded that the liberation of women from the shackles of sharia law in Nigeria depends largely on the willingness of the rule of law to enforce the result of repugnancy test against sharia law where it applies. The study recommended interalia; A detailed review of sharia law in Nigeria which are not compatible with the provisions of the constitution; Constitutionalization of affirmative action for women in Nigera and Nigeria should diametrically adopt the provision of Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) to guide in enforcing rights of women against all odds in Nigeria.

Citation: Nnaeto, Japhet. O.;  Uzor, Everest E.; Ndoh, Juliet. A (2022). Appraisal of the conflict between sharia law and rule of law on rights of women in Nigeria, Global Journal of Politics and Law Research, Vol.10, No.6, pp.1-26

Keywords: Rule of law; Sharia law; Constitution; right of women; Nigeria.

DOI: https://doi.org/10.37745/gjplr.2013/vol10n6126

Article Review Status: Published

Pages: 1-26 (Download PDF)

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