THE ROLE OF THE INSTITUTION OF HISBA IN THE SHARIA IMPLEMENTING STATES IN NORTHERN NIGERIA
THE ROLE OF THE INSTITUTION OF HISBA IN THE SHARIA IMPLEMENTING STATES IN NORTHERN NIGERIA
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Date
2011-02-06
Authors
BARKINDO, Ibrahim
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Abstract
This research is concerned with the role Hisba is expected to play regarding Sharia
implementation in some states of Northern Nigeria and the extent that the Hisba played
the role. Hisba evolved during the time of the Prophet SAW and it developed during the
time of the classical Caliphs and later generations particularly the Umayyad and
Abbasid dynasties. It was during the Umayyads that Hisba became an independent
constitutional agency and this continued up to this moment. The Hisba existed alongside
the police, the army as well as the ombudsman institution (Mazalim) throughout Islamic
civilization including (lately) the Sokoto Caliphate, where Hisba was not a prominent
feature of that government as a Constitutional agency. Sharia was part of Muslim life in
Nigeria prior to British colonization which gradually eroded Sharia till it was finally
restricted to personal law. In 1999, Zamfara State enacted a Law that enables courts to
apply Sharia Criminal law and in 2003 the State established the Hisba with the aim to
enhance Sharia implementation in the State and nine other states followed Zamfara, they
include Kano and Jigawa. Ten states in Nigeria established Hisba because they thought it
was imperative for a proper implementation of Sharia and because it was obvious that
Nigeria Police was not willing to implement the provisions of the Sharia Penal Codes.
Three out of these ten states enacted laws to establish Hisba as Commission, Board and
Committee respectively; they are Zamfara, Kano and Jigawa. In five of the remaining
seven states, the Hisba functions as a sub-committee under the Sharia Commissions of
the states and in the last two states, the Hisba operates as a voluntary organization. The
laws of Zamfara, Kano and Jigawa detailed the organizational structure of the Hisba
agencies, the functions or powers of the Hisba operatives or corps as well as their
specific roles regarding Sharia implementation. Kano Hisba is the most organized in the
country and it has recorded successes like reduction in sale and consumption of liquor,
reduction on prostitution, lost people found and returned home, increase in the number of
public lectures and the impact it had on the morale of people amongst others. Sharia
implementation hinges on Hisba, however, the Hisba in the respective states do not have
uniform policies, approaches and legislations despite the fact that an opportunity exists
for closer cooperation between the Hisba and other law enforcement and regulatory
agencies. The Hisba needs continued support from the states, harmonization of laws to
reflect Sharia implementation, vibrant working relations between the Hisba and NDLEA,
NAFDAC, etc. Finally the Hisba should devise ways to build its capacity to deliver well,
secure continued support from the government and confidence in the public and most
importantly to serve Sharia most.
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Description
A THESIS SUBIMITTED TO THE FACULTY OF LAW, AHMADU BELLO
UNIVERSITY, ZARIA IN PARTIAL FULFILMENT OF THE REQUIREMENTS FOR
THE AWARD OF THE DEGREE OF MASTER OF LAWS- LLM
DATE: 02/06/2011
Keywords
ROLE, INSTITUTION, HISBA, SHARIA, IMPLEMENTING, NORTHERN