LEGAL PRINCIPLE: CONSTITUTIONAL LAW — Jurisdiction — Constitutional and Islamic Law — Matters Not Enumerated as Islamic Personal Law Within High Court’s Jurisdiction
PRINCIPLE STATEMENT
Islamic personal law under the Constitution governs only matters enumerated in Section 262 of the 1999 Constitution and Section 242 of the 1979 Constitution; matters not so enumerated are within the High Court's jurisdiction.
RATIO DECIDENDI (SOURCE)
Per Belgore, JSC, in Abdulsalam & Anor v. Salawu (2002) NLC-211998(SC) at pp. 6–7; Paras E–A.
"The islamic personal law (must be of maliki school) governing matters enumerated in s. 262 of the constitution of 1999 and s. 242 of 1979 constitution. Therefore what is being canvassed for the appellant is not covered by islamic personal law. Whereas, the constitutions are clear in s. 236(1) of 1979 constitution and section 251 of constitution of 1999 which re-emphasis this position as to jurisdiction of the High Court."
EXPLANATION / SCOPE
Islamic personal law under the Constitution covers only specified matters: marriage, divorce, family relationships, guardianship, wakf, gifts, wills, and succession. Matters outside these enumerated areas—such as appointment of an Imam or Naibi—are not within the exclusive purview of Islamic personal law. The High Court retains jurisdiction over such matters. The principle prevents the expansion of Islamic personal law beyond constitutional limits. The court will not assume that every matter involving Muslims falls under Islamic personal law. The enumerated list is exhaustive for jurisdictional purposes. The rule ensures clarity in the division of jurisdiction. The High Court can adjudicate on mosque leadership disputes.
