Domestic Legal Pluralism and the International Criminal Court: The Case of Shari'a Law in Nigeria

This book explores how Islamic Sharia criminal law and English common law in northern Nigeria have created a hybridized criminal legal system through mutual accommodation. It examines how this system can be accommodated by the International Criminal Court, potentially through complementarity and the ability of Sharia courts to combine binding adjudicative judgments with religious interpretation and guidance. This pluralist perspective is timely and welcome, given the Western European foundations of modern International Criminal Law, and aims to strengthen the global fight against impunity.

Format: Paperback / softback
Length: 258 pages
Publication date: 31 May 2023
Publisher: Taylor & Francis Ltd

This comprehensive book delves into the intricate interplay between Islamic Sharia criminal law and English common law in northern Nigeria, resulting in a unique and hybridized criminal legal system. Through a dynamic process of mutual accommodation, these two legal systems have coexisted, creating a pluralistic framework that accommodates diverse cultural and religious perspectives. The study explores the potential accommodation of this hybridized system within the framework of the International Criminal Court (ICC).

The book argues that the current understanding and operation of complementarity can serve as a valuable tool for integrating the Sharia courts into the international criminal justice system. By leveraging the combination of binding adjudicative judgments with religious interpretation and guidance, the Sharia courts can effectively combat the predominantly unchallenged domain of ideology by extremist actors. This unique approach has the potential to promote criminal justice and uphold the rule of law in regions where traditional legal systems have been undermined by extremist groups.

The book recognizes the Western European foundations of modern International Criminal Law, but it also emphasizes the need to broaden the shared understanding of international criminal justice to include other stakeholders beyond its Western origins. By engaging with non-Western traditions and cultures, the book aims to foster a greater shared ownership of the international criminal justice project, which will ultimately strengthen the global fight against impunity.

The book is of paramount importance to academics, researchers, and policy-makers engaged in the fields of International Criminal Law, Legal Pluralism, Islamic Sharia Law, Nigeria, and religiously-inspired violence. It provides valuable insights into the complex dynamics of legal systems, the role of religion in criminal justice, and the challenges faced by countries in reconciling traditional laws with international standards. Through its comprehensive analysis and thoughtful recommendations, the book contributes to the ongoing discourse on the development of international criminal justice and the promotion of peace and security in a diverse and interconnected world.

Weight: 500g
Dimension: 234 x 156 (mm)
ISBN-13: 9780367767310