Islamic Law and the International Protection of Women’s Rights: The Effect of Shari’a in Nigeria
Author(s)
Nicolai, Caroline
Abstract
Amina Lawal was living in her father’s house in Kurami, Nigeria, when a fellow villager reported that Amina’s youngest daughter was born out of wedlock. At that point Amina’s life was forever changed. The Islamic court charged her with adultery, and on March 22, 2002, the Shari’a court at Bakori in Katsina State sentenced Amina to death by stoning for her act of adultery. Twelve Nigerian states have put Islamic Law (Shari’a) into practice since the implementation of civilian rule, which replaced military dictatorship in 1999. This article follows Amina Lawal’s story to illustrate the inability of international law to protect the rights of women. It develops Nigeria’s history of political unrest and deeply divided Muslim and Christian population resulting in the recent emergence of religious governance by Shari’a Law. It also describes current international law as well as Nigeria’s international commitments under three specific treaties. The article then details how Shari’a Law conflicts with Nigeria’s commitments under the treaties and what enforcement mechanisms have failed to allow for such insubordination. Proposals for the future of international law are also set forth.
