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5 J.L. Pol'y & Globalization 1 (2012)

handle is hein.journals/jawpglob5 and id is 1 raw text is: Journal of Law, Policy and Globalization wwwXiiste org ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online) PF Vol 5, 2012 IISE The Influence of Common Law Advocates and Judges in the SharT'ah Adjudication: A Critical Exposition of the Experience in Nigeria and Zanzibar Mwinyi T. Haji 1 Abdulfatai 0. Sambo2 1. LLB (Law & Shari ah), MCL (IIUM), Lecturer, Faculty of Law and Shari ah, Zanzibar University & PhD Candidate, International Islamic University Malaysia. 2. Solicitor and Advocate of the Supreme Court of Nigeria, Lecturer, Department of Public Law, Faculty of law, University of Ilorin-Nigeria and Ph.D. Candidate, Ahmad Ibrahim Faculty of Law, International Islamic University Malaysia (IIUM). E-mail of the corresponding author: fataisambo @yahoo.com. Abstract A considerable influence of advocates and judges of common law training has been recorded over time in adjudication of the SharVah disputes in Nigeria and Zanzibar. This is due to the colonial heritage of the British common law which exported the paradigm to these countries. This seems not to go down well with the Sharitah advocates. The increasing influence of trained advocates and judges in common law in these countries has not comparatively received academic attention over the years. This is more so that judicial institution whose officers in the temple of justice do not have deep knowledge of its legal jurisprudence may affect the justice of the matter in those courts. Against this backdrop, the paper makes a critical exposition of the influence of common law advocates and judges in the adjudication of the Shari ah disputes in Nigeria and Zanzibar. To achieve this, it examines appearance of advocates in the Shareah courts from the constitutional and Shareah perspectives. It also discusses how common law trained judges have their influences in the adjudication of the SharVah disputes. It makes far reaching recommendations which, if adopted, it will enrich the legal policy of justice of these countries and similar jurisdictions. This paper adopts content analysis of legal issues and interviews conducted for some stake holders in Zanzibar. Keywords: Common law advocates and judges, SharVah/ Kadhis Courts, SharVah, Policy, Nigeria, Zanzibar, Constitution 1. Introduction The ability of any judicial institution to make a meaningful progress in the administration of justice depends to a large extent on its officers in the temple of justice (Sambo & Shamrahayu, 2012). They need to be knowledgeable and versatile in the areas in which they operate. Those who act as advocates for the parties and the court itself play an important role in the justice sector. Where their knowledge of the legal jurisprudence is not taken into consideration in making them to have a say in courts' decision, this may not serve the justice of the matter. This is the major problems with the adjudication of the Shareah matters in Nigeria and Zanzibar. This is because at one stage or the other, advocates and judges with common law training have their ways in the administration of the Shariah issues. The choice on Nigeria and Zanzibar seems to be motivated by the similar legal pluralism being operated in both countries. Both countries are based in the African continent with similar colonial heritage having been colonized by

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