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Improving Women’s Access to Justice and the Quality of Administration of Islamic Justice in Nigeria

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Women’s Aid Collective and Women Advocates Research and Documentation Centre

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Access to courts in Nigeria is generally poor and access to justice is poorer. The Shari’a Penal Codes were introduced recently in some states in the north with the intention of giving effect to Islamic law of crimes The Shari’ah Penal Code is administered at the trial court level by the newly created Shari’a Courts, which replaced the Area Courts. Area courts had a bad reputation for corruption, laziness, and perversion of justice. Most of the Shari’a Courts personnel are the same old hands from the defunct Area Courts. The Islamic criminal system operates within the Nigerian environment and cannot be immune from the problems of the society. For women, there are additional cultural barriers. They are often are denied the rights guaranteed to them by Islam, and some men use religion to exploit their women. I hope many of these problems will disappear with women's education and economic empowerment. Non-Governmental Organizations often support women to obtain judicial redress in Shari’a courts. Sexual offences such as unlawful sexual intercourse (zina) and rape present many challenges to women. There are many areas where reforms are needed in the administration of Islamic criminal justice in Nigeria

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A. A. Oba, “Improving Women’s Access to Justice and the Quality of Administration of Islamic Criminal Justice in Northern Nigeria” in Joy Ngozi Ezeilo, Muhammed Tawfiq Ladan and Abiola Akiyode Afolabi (eds.), Shari’a Implementation in Nigeria: Issues and Challenges on Women’s Rights and Access to Justice (Enugu, Women’s AID Collective, Enugu (WACOL) and Women Advocates Research and Documentation Centre, Lagos (WARDC), 2003) 44-73.

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