THE APPLICATION OF ISLAMIC LAW IN MODERN MUSLIM STATES: A COMPARATIVE ANALYSIS OF THE NIGERIAN AND MALAYSIAN SYSTEMS
Magaji Chiroma,* Mahamad Bin Arifin** and Hunud Abia Kadouf***
The application of Islamic law is the recurrent issue in most of the modern Muslim states whose legal system is plural in nature. In Nigeria and Malaysia, Islamic law has been confirmed to be one of the sources of the state legal systems in addition to the received English law, legislation, customs and case laws. Islamic law has been practiced in those countries even before the advent of the colonial administration. However, after their advent, the full application of Islamic law became the issue of the past, and up until today it has been continuously facing different series of challenges depending on the peculiarity of each country. To overcome the challenges bedeviling the application of Islamic law in modern Muslim countries particularly Nigeria and Malaysia, the paper suggests among other things that there is a need for total overhaul of the legal system (in the case of Nigeria), and need to improve the economy (of Nigeria) and educational system of the two countries in order to have a smooth implementation of Shar’ia law.