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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