However, whipping as a punishment for theft and added offences remained in its applicability in local courts. (Pitaszewicz, 87)
Hence till 1960, the Alkali Courts applied the Sharia also in penal cases fulfilling the changes and bans launched by the British. Prior to the declaration of independence, the British signed a negotiation with Sir Ahmadu Bello, the Prime Minister of Northern Nigeria that resulted in approving of the Penal Code that continues to be valid today also. A catalogue of 20 criminal actions and its corresponding sanctions were created. It covered actions recognized by the Sharia as penalties imposed with particularly serious punishments. Punishments that lack humanitarian aspects such as limb amputation for theft, stoning to death for adultery, decapitation for killings and others have been changed with the sanctions from the British Penal Code. Hence, following earning its independence, the rules of the Sharia has mostly been applicable in cases of the civil laws. The Muslim Law or the common law in this system was made applicable by the Native Authority that had its independent police and prisons. Since the past four decades since October 1, 1960, the Penal Code has been enforced and was even recognized by the Constitution of 1999. (Pitaszewicz, 88)
Muslim law was reinstated in the years 2000 and 2001 which meant that it is applicable even in penal cases imposed with draconian approvals. The outcome of implementation of Sharia in Northern Nigeria was not without problems. Reinstatement of Sharia with the penal code resulted in acute disturbances in the social, political and economic life of the nation. When the religious laws were initiated, numerous people encountered with the issue of survival when they had shut down the places in which they worked, i.e. In bars vending alcohol, hotels and casinos or business of dubious distinction. In the State of Sokoto even prior to the execution of Muslim religious law, licenses for maintaining hotels and bars were revoked and the places were required to be shut down in the space of 48 hours. The worsening effect was that the implementation of the Sharia in northern states made Nigeria fragmented on religious lines. The Middle Belt, that for a lot of years continued to be under the political control of the North where Christian population lived and also the followers of conventional religions, happened to be the place in which vehement protests came towards the Hausa-Fulani drive. (Pitaszewicz, 90)
3) Difference in the interpretations of adultery in Sharia and mainstream Islamic law:
Presently, honor killings are pervasive among the Muslim populations. Analysing the nature of these crimes form the cornerstone of the interpretational difference between adultery in Sharia and mainstream Islam. In Islam, there is a distinction between two kinds of honor viz. sharaf and ird. Sharaf refers to the honor of a social unit, as also the individuals where it can go up or down. The lack of success by an individual to adhere to what is defined as adequate moral behavior weakens the social position of the family. The sharaf of the family might be raised by the model behavior like hospitality, generosity, courage in battle etc. Sharaf is the western counterpart of dignity. As against this, ird is related to the honor of women and its value can only go down. Likewise, it translates approximately as the Western equivalent of chastity or purity. Similar to chastity or purity, commendable moral behavior is unable to raise a women's ird, but misconduct lowers it. (Feldner, 28)
Crimes under Islam can be broken into three leading categories which are Hadd, Tazir, Quesas. Of these Hadd crimes are of the most serious types under the Islamic law and Tazir constitutes the ones with the least seriousness. Some of the Western writers apply the felony analogy for Hadd crimes and misdemeanor markings for Tazir crimes. The parallel is correct to some extent, but not true in its entirety. Common law has no comparable form of Quesa crime. Adultery comprises Hadd crime and along with it is included theft and defamation. Besides, there are false accusations of adultery or fornication i.e. robbery,
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