COMBATING IRHAB VIDE 'AFWU UNDER SHARI’AH JURISPRUDENCE: A SYSTEMATIC COMPARISON WITH NIGERIAN LEGAL REGIME

Abstract

Terrorism has been a cankerworm inflicting pains on all and sundry across the universe. The innocent civilians have been at the receiving end. The ugly situation is not an exception in Nigeria. Hence, the Nigerian legal regime criminalises the act of terrorism and the search for permanent preventive measure culminates into amnesty grant to terrorists in Nigeria. Despite a number of amnesty grants to the terrorists in the country, it has not led to prevention due to incessant unexpected attacks by the terrorists. This thus poists this study to look beyond the Nigerian legal regime of amnesty grant and venture into the position under Shari’ah jurisprudence regarding combating terrorism vide amnesty grant with a systematic comparison with the Nigerian legal regime. The study adopts purely the doctrinal method of legal research and finds that the grant of amnesty to terrorists under Shari’ah jurisprudence is conditioned upon genuine repentance on the part of the terrorists prior to their arrest and non-commission of murder during the previous act of terrorism which conditions are absent in the Nigerian legal regime. The study thus recommends the Shari’ah jurisprudential conditional approach to Nigerian government.