Islamic Law Measures for Good Governance and Justice: Lessons for Nigeria Against Dictatorship
Presenter's country
Malaysia
Start Date
27-5-2016 10:20 AM
End Date
27-5-2016 11:25 AM
Location
Hall I
Submission type
Presentation
Abstract
In its bid to preserve justice for both the leader and the led and ensure harmonious public relationship between both of them, Islamic law puts in place some measures against dictatorship. This paper seeks to examine these measures. Since Islamic law is a significant part of the Nigerian legal corpus, lessons are expected to be drawn by Nigeria from Islamic law on those measures in guiding against dictatorship tendency in the country. Particularly, such measures in Islamic law which Nigeria can look into include lack of immunity for leaders; worldly accountability (Mas-uliyyah); high duty of citizen welfare safeguards on the leader, to mention a few. Very significantly, there are many other unique governance standards set by Islamic law in achieving the check, such as Taqwaa (Fear of the Supreme Being); ‘Iqaab wa Ihsaab (Hereafter Accountability); and, conditionality of obedience to the leader upon obedience to the Supreme Being. This study explains the benefits for Nigeria in embracing these checks in its bid to have good governance devoid of dictatorial approach at all times. The study adopts the doctrinal legal research methodology with legal content analysis of relevant legal materials and legislation.
Keywords
Islamic law, Measures, Good Governance, Justice, Nigeria, Lessons, Dictatorship, Leader, the Led, harmonious relationships
Islamic Law Measures for Good Governance and Justice: Lessons for Nigeria Against Dictatorship
Hall I
In its bid to preserve justice for both the leader and the led and ensure harmonious public relationship between both of them, Islamic law puts in place some measures against dictatorship. This paper seeks to examine these measures. Since Islamic law is a significant part of the Nigerian legal corpus, lessons are expected to be drawn by Nigeria from Islamic law on those measures in guiding against dictatorship tendency in the country. Particularly, such measures in Islamic law which Nigeria can look into include lack of immunity for leaders; worldly accountability (Mas-uliyyah); high duty of citizen welfare safeguards on the leader, to mention a few. Very significantly, there are many other unique governance standards set by Islamic law in achieving the check, such as Taqwaa (Fear of the Supreme Being); ‘Iqaab wa Ihsaab (Hereafter Accountability); and, conditionality of obedience to the leader upon obedience to the Supreme Being. This study explains the benefits for Nigeria in embracing these checks in its bid to have good governance devoid of dictatorial approach at all times. The study adopts the doctrinal legal research methodology with legal content analysis of relevant legal materials and legislation.