Jurnal Hukum Novelty
Vol 13, No 1 (2022)

The Nigerian Criminal Justice and the Belligerence of Blasphemy: Societal, Judicial and Islamic Law Perspectives

Saliu Jimoh (Bola Ajibola College of Law, Crescent University)
Abdulwahab D. Shittu (Department of Religions, University of Ilorin)
Sodiq S. Mustapha (Bola Ajibola College of Law, Crescent University)



Article Info

Publish Date
22 Jul 2022

Abstract

Introduction to the Problem: Blasphemy in religion undoubtedly jeopardises the universal human right of freedom of religion in any society. Considering that it is ethno-religiously linked and sensitive in multi-religious environments, the offence is proscribed under the Nigerian laws. With the re-emergence of democracy in Nigeria, the Criminal Justice System became expanded with the birth of a fully-fledged Shariah practice in some areas in Nigeria. The recent death sentence passed on a musician, Aminu, for the alleged offence of blasphemy by a Shariah Court in Kano State attracted the attention of the masses, particularly prompting the question of the propriety or otherwise of the punishment.Purpose/Objective Study: This work examined the societal, judicial and Islamic law perspectives on blasphemy with a view to proffering viable options as punishment for the offence.Design/Methodology/Approach: Doctrinal legal research methodology was adopted, and it involves primary sourcing materials from Quran, Sunnah, Acts and Cases. Secondary sources include journal articles, textbooks, official documents online and in newspaper.Findings:  The findings revealed that the death penalty for the offence is incompatible with the most convincing opinion of scholars, the reality of Nigeria and the international best practices. It is consequently suggested that offence and punishments for blasphemy should be treated as a ta’zir, and the punishment should be less than death.Paper Type: Research Article

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Journal Info

Abbrev

Novelty

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal Hukum Novelty (ISSN 1412-6834 [print]; 2550-0090 [online]) is the Journal of Legal Studies developed by the Faculty of Law, Universitas Ahmad Dahlan. This journal published biannually (February and August). The scopes of Jurnal Hukum Novelty are: Constitutional Law, Criminal Law, Civil Law, ...