Where does Islamic arbitration fit into the judicially recognised ingredients of customary arbitration in the Nigerian jurisprudence

Abstract

In recent times, there has been a renaissance of the Islamic heritage in the consciousness of adherents of the Islamic faith and this has sought expression in their quests to conduct their affairs in accordance with Islamic injunctions. This has become noticeable in areas where Islam is the predominant religion. In northern Nigeria, in the past decade, there has been a renewed focus on the Islam Shariah Law system, with six of the nation's thirty-six states symbolically adopting it in public proclamation. There is, however, a dearth of scholarly research on the operation of Islamic conflict resolution mechanisms in Nigeria. This situation has led to arbitrariness and uncertainty in the use of these mechanisms. This article analyses the nature and principles of Islamic arbitration, and its applicability within the wider Nigerian legal framework vis-a-vis judicially recognised alternative dispute resolution mechanisms, particularly the principles and practice of customary arbitration. African Journal on Conflict Resolution Vol. 8 (2) 2008: pp. 103-130