The Enforcement of the Punishment for Theft Under the Shari’ah Penal Codes of Northern Nigeria

Abstract

In 1999/2000, the introduction and application of Shari’ah Penal Codes in Nigeria, specifically pertaining to theft (sariqah), underwent significant changes. During this period, twelve Nigerian states embraced Shari’ah as a legal system alongside existing penal and civil laws in specific instances. Responding to this shift, seven of these states formally enacted Shari’ah Penal Codes as legal instruments for the state. Despite facing criticism from various quarters, including both Muslims and non-Muslims nationwide, these Shari’ah laws have been either fully or partially implemented and have become integral components of the legal framework in those states. The offense of theft, referred to as sariqah, is one of the transgressions addressed in these Shari’ah Penal Codes. This paper seeks to evaluate the provision for the offense of theft within the Shari’ah penal codes, scrutinizing its alignment with the principles of Islamic Criminal Law. Employing a historical research method, the author collected data through a combination of interviews and observations. The author visited states where Shari’ah laws were implemented to obtain firsthand information and engaged with officials in Shari’ah courts. The research findings indicate that, while the provision for the offense of theft in Shari’ah Penal Codes is generally considered adequate, challenges may arise in the practical implementation and enforcement of these laws. A comprehensive exploration of the extent of alignment with Islamic Criminal Law and an examination of potential areas for improvement or challenges in practice were addressed in the complete research. Recognizing that this analysis is not exhaustive, there is a pressing need for a review and harmonization of laws across the concerned states.