THE ROLE OF THE INSTITUTION OF HISBA IN THE SHARIA IMPLEMENTING STATES IN NORTHERN NIGERIA

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Department of Law

ABSTRACT
This research is concerned with the role Hisba is expected to play regarding Sharia implementation in some states of Northern Nigeria and the extent that the Hisba played the role. Hisba evolved during the time of the Prophet SAW and it developed during the time of the classical Caliphs and later generations particularly the Umayyad and Abbasid dynasties. It was during the Umayyads that Hisba became an independent constitutional agency and this continued up to this moment. The Hisba existed alongside the police, the army as well as the ombudsman institution (Mazalim) throughout Islamic civilization including (lately) the Sokoto Caliphate, where Hisba was not a prominent feature of that government as a Constitutional agency. Sharia was part of Muslim life in Nigeria prior to British colonization which gradually eroded Sharia till it was finally restricted to personal law. In 1999, Zamfara State enacted a Law that enables courts to apply Sharia Criminal law and in 2003 the State established the Hisba with the aim to enhance Sharia implementation in the State and nine other states followed Zamfara, they include Kano and Jigawa. Ten states in Nigeria established Hisba because they thought it was imperative for a proper implementation of Sharia and because it was obvious that Nigeria Police was not willing to implement the provisions of the Sharia Penal Codes. Three out of these ten states enacted laws to establish Hisba as Commission, Board and Committee respectively; they are Zamfara, Kano and Jigawa. In five of the remaining seven states, the Hisba functions as a sub-committee under the Sharia Commissions of the states and in the last two states, the Hisba operates as a voluntary organization. The laws of Zamfara, Kano and Jigawa detailed the organizational structure of the Hisba agencies, the functions or powers of the Hisba operatives or corps as well as their specific roles regarding Sharia implementation. Kano Hisba is the most organized in the country and it has recorded successes like reduction in sale and consumption of liquor, reduction on prostitution, lost people found and returned home, increase in the number of public lectures and the impact it had on the morale of people amongst others. Sharia implementation hinges on Hisba, however, the Hisba in the respective states do not have uniform policies, approaches and legislations despite the fact that an opportunity exists for closer cooperation between the Hisba and other law enforcement and regulatory agencies. The Hisba needs continued support from the states, harmonization of laws to reflect Sharia implementation, vibrant working relations between the Hisba and NDLEA, NAFDAC, etc. Finally the Hisba should devise ways to build its capacity to deliver well, secure continued support from the government and confidence in the public and most importantly to serve Sharia most.