Reconciling Rights and Obligations: 

An Examination of Shari' ah 

Penal Reform in Northern Nigeria 

Pernille Ironside 

Abstract 

This article examines the debate concerning the recent re­

instatement of Shari· ah law with respect to criminal matters in 

Northern Nigeria. The discussion explores the inherent chal­

lenges in reconciling the equally entrenched and passionate 

views of pro-Shari'ah supporters on their right to freedom of 

religion with those that question its application in terms of 

human rights norms and obligations, and its constitutional legal­

ity. The analysis concludes that Shari'ah laws can coexist with 

Nigeria's common law system and remain relevant in the con­

text of fslam, provided that its principles are adapted and mod­

ernized to comport with international standards for due process 

and are interpreted and applied consistently. 

Introduction 

Nigeria exemplifies the struggles that so many other formerly colonized 

African nations have experienced and continue to reckon with in the wake 
of their independence. Its unrest stems largely from the artificiality of its 

creation, whereby approximately 248 different tribes, kingships, and other 
groups that are completely distinct in ethnicity, language, religion, and ter­

ritory, were thrown together through foreign conquest and cast under the 
rubric ofimperial Britain.' Of these groups, three represent about two-thirds 

PemiUe Ironside has an LL.M. from Columbia University School of Law, an LL.B. from 
Osgoode Hall Law School of York University, and a B.Com. from the University of Alberta. 

The author specializes in issues of international justice, and international humanitarian and 
human rights law, and currently works as a consultant with the UN Office for the 
Coordination of Humanitarian Affairs. The views expressed in this article are entirely those 
of the author in her personal capacity.