THE SHARΑAH DISPOSITION TOSELECTED ARTCLES OFFUNDAMENTAL HUMAN RIGHTS: AN EXAMINATIONAND CHALLENGES IN NIGERIA
Abstract
Fundamental Human Rights is an indispensable aspect of human race. It is a concept that ensures that the rights of individual or group of individuals are protected in a given society or country. The objective of the concept is universal peace. This paper examines the disposition of Sharī‘ah to selected fundamental human rights in Nigeria and identifies contemporary legal, social, and institutional challenges to harmonizing Islamic legal principles with constitutional guarantees. The paper clarifies the concepts and the challenges facing the implementations of the concept in Nigeria. These include poverty, illiteracy, ignorance and immunity inherited from the traditional administration. The paper adopts a qualitative approach where data was based on secondary sources and content analysis of relevant documents. It analyzes key constitutional articles (right to life; dignity of the person; freedom of expression and fair hearing) alongside Qur’an and hadith evidence and the objectives of Sharī‘ah (maqāṣid al-Sharī‘ah). The analysis shows substantial points of convergence (protection of life, dignity, property and justice) but differs in the areas of apostasy/blasphemy, corporal punishments, gendered rules in family and inheritance law. The article while exploring the challenges of harmonizing these two frameworks in a pluralistic society like Nigeria, marked by ethnic, religious, and political diversity. Findings reveal that while there is potential for complementarily between Sharī‘ah and human rights, misinterpretations, politicization, and selective implementation remain significant obstacles. The paper concludes with practical recommendations of public education, adequate security and dialogue of contextualized understanding of rights that respects the divine maqāṣid Sharī‘ah and Nigeria’s constitutional democracy.
Keywords
Fundamental Human Rights, Sharīʿah, Nigeria, Constitution, Human Dignity, Legal Pluralism.