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ISSUES AND CHALLENGES IN PROSECUTING THE OFFENCE OF APOSTACY UNDER NIGERIA LEGAL SYSTEM

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 Format: MS WORD ::   Chapters: 1-5 ::   Pages: 75 ::   Attributes: cases and documentation ::   1,568 people found this useful
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CHAPTER ONE

INTRODUCTION

  1. BACKGROUND OF THE STUDY

Apostasy has a long and consequential history. As a human construct, it has been conceptualized and applied in a variety of social situations, in different cultural contexts, and across historical periods, always with important personal, institutional, and societal implications. The word apostasy itself carries much weight and can invoke the starkest of human emotions ranging from hatred, to pity, to pride. Even in the twenty-first century, apostasy “is a strong word” (Sherkat 2014, 69), and it most often carries negative connotations. And although, as we will see in this chapter, the word is flexible, can have shades of meaning, and can lead to ambiguity when invoked in different contexts, it does seem to have a core to its meaning that has remained more or less constant over centuries. This is not to suggest society’s relationship to, or understanding of, apostasy has remained unchanged, or that society’s treatment of apostates in the twenty-first century is the same as it was during the classical or medieval era.

Apostasy and its construction as a social problem has evolved considerably over time, and the severity of the consequences for apostasy in individuals has changed dramatically in most societies. Likewise, in most cases, the application of the label apostate to individuals and social groups, whether self-imposed or by outside authorities, has shifted over time.

On the other hand a cardinal issue that requires a special discussion in relation to Islamic sharia practice in Nigeria today is that of the right to freedom of religion. This right recognized as very fundamental and inalienable is arguably the traditional, national and international settings. This right, no doubt, protects theistic, non theistic and atheistic beliefs, as well as the right not to profess any religion or belief. In this case, the terms ‘belief and ‘religion’ religion, inter alia, is constitutionally guaranteed in Nigeria.

Our contextual discourse on the subject is particularly germane as religion has recently assumed an ever greater significance in the life of Nigerians and the country’s body politic. Jamo (2009:5) suggests that this is due to the fact that religious organizations seem to constitute the only survivor of long years of military inclination to suppress, stifle meaningful and lawful window of dissents.

1.2 STATEMENT OF THE PROBLEM

The religious and cultural variation is causing a lot of unrest in Nigeria. One of the problems in the Nigeria judiciary system is the issue of apostacy. The issue of apostacy is common in the Northern part of the country. The implementation of the sharia law in the northern part of the country has affected both the muslims and non-muslims in Nigeria. The federal government however reacted negatively to the issues of apostacy and the Nigeria judiciary is finding it difficult to put a stop to the offence of apostacy. It is to this regard that the study is based on issues and challenges in prosecuting the offence of apostacy under Nigeria legal system

1.3 AIM AND OBJECTIVES OF THE STUDY

The main aim of the research work is to determine the issues and challenges in prosecuting the offence of apostacy under Nigeria legal system. The specific objectives of the study are:

  1. to examine the nature of apostacy under Nigeria legal system
  2. to determine the types of offence of apostacy under Nigeria legal system
  3. to determine the consequences of prosecuting the offence of apostacy under Nigeria legal system
  4.  to investigate the factors affecting the Nigeria legal system in prosecuting the offence of apostacy
  5. to recommend ways to solve the issues and challenges in prosecuting the offence of apostacy under Nigeria legal system

1.4 RESEARCH QUESTIONS

The study came up with research questions so as to ascertain the above stated objectives of the study. The following research questions guide the objectives of the study:

  1.  What is the nature of apostacy under Nigeria legal system?
  2. What are the types of offence of apostacy under Nigeria legal system?
  3. What are the consequences of prosecuting the offence of apostacy under Nigeria legal system?
  4.  What are the factors affecting the Nigeria legal system in prosecuting the offence of apostacy?
  5. What are the ways to solve the issues and challenges in prosecuting the offence of apostacy under Nigeria legal system?

1.5 SIGNIFICANCE OF THE STUDY

The study on the issues and challenges in prosecuting the offence of apostacy under Nigeria legal system will be of immense benefit to the Nigeria judiciary. The study will examine the types of apostacy and how to prosecute the offence of apostacy repectively. The study will also serve as a repository of information to other researchers and students that desire to carry out similar research on the above topic. Finally the study will contribute to the body of the existing literature on the issues and challenges in prosecuting the offence of apostacy under Nigeria legal system.

1.6 SCOPE OF THE STUDY

 The study will cover on the issues and challenges in prosecuting the offence of apostacy under Nigeria legal system

 


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Paper Information

Format:ms word
Chapter:1-5
Pages:75
Attribute:cases and documentation
Price:₦3,000
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