A COMPARATIVE ANALYSIS OF CUSTOMARY LAW AND SHARIA LAW IN NIGERIA

Abstract

Customary Law and Sharia (Islamic Law) are two prominent non-Western legal systems operating within many African jurisdictions, particularly Nigeria. Customary Law is derived from the traditions and practices of indigenous communities, while Sharia Law is rooted in divine revelation as contained in the Qur’an and Hadith. Although both systems emphasise morality, social order, and justice, they differ markedly in their sources, structure, and modes of application. This article adopts a doctrinal research methodology, relying on constitutional provisions, statutes, judicial decisions, and scholarly writings. Using comparative legal analysis, it examines the conceptual foundations, sources, enforcement mechanisms, and contemporary relevance of Customary Law and Sharia Law within Nigeria’s plural legal framework. The article finds that while both systems aim at justice and communal harmony, Customary Law is flexible and evolves through social practice, whereas Sharia Law is grounded in divine norms and exhibits limited adaptability. It recommends harmonisation approaches that respect both systems while ensuring conformity with constitutional and international human rights standards, thereby strengthening legal pluralism in Nigeria.