In a heated House of Representatives session, lawmakers debated a controversial bill that would extend the scope of Islamic Law in Nigeria from personal matters, such as marriage, divorce, and inheritance, to civil matters including contracts, company, and international disputes. Sponsored by Aliyu Bappa Misau (PDP, Bauchi), the bill, titled “A Bill for an Act to Alter the Constitution of the Federal Republic of Nigeria, 1999 to Review the Description of Islamic Law in the Constitution,” seeks constitutional amendments to allow Islamic commercial, corporate, and public law provisions to be formally recognized.
During the plenary session, Misau argued that Nigeria’s constitution, created in 1999, does not accommodate recent developments and the growing importance of Islamic financial laws, especially as Islamic banks like Jaiz Bank and TajBank have gained traction since their establishment in 2003 and 2019, respectively. Misau stated, “The Constitution did not recognize Islamic Company Law, Islamic International Law, and Islamic Public Law. Therefore, we are requesting amendments to sections 24, 262, 277, and 288 to make room for other relevant Islamic laws.”
However, opposition was swift, particularly from southern lawmakers, who argued that expanding Islamic Law could undermine Nigeria’s secular nature. Aliu Kuye (APC, Lagos) expressed concerns about the bill’s potential impact on Nigeria’s constitutional secularism, citing that the current constitution guarantees freedom of religion and mandates a separation between religion and the state. He pointed out, “Nigeria is a secular state. Section 38 grants every citizen the right to freedom of religion and worship. While states have the liberty to adopt Sharia law, it should not become a federal mandate.”
Kuye further called for the bill to be withdrawn to avoid promoting one religion over others, a concern echoed by other lawmakers who emphasized the importance of respecting Nigeria’s pluralistic legal structure. Kuye urged Misau to step down the bill, adding, “We have all been advocating for federalism to allow states to govern as per their culture and needs. Promoting one religious legal system in the constitution may have far-reaching implications.”
The bill remains divisive, with many northern lawmakers supporting it, while lawmakers from the south have raised calls for careful consideration of its implications on Nigeria’s secular foundation.