AN EXAMINATION OF THE SCOPE OF THE OFFENCES OF BANDITRY (HIRABAH) AND INSURGENCY (AL-BAGHYU) IN ISLAMIC LAW

In recent times, Nigeria has been bedevilled by terrorism championed by the Boko Haram on one hand and banditry on the other. Both offences are not only violent in nature, but they threaten the existence of the whole society by destroying the six interests which the Sharia intends to protect. Such as life, property, dignity and lineage. The Nigerian state has tried to tame/solve this problem either through enacting laws or amending the existing laws, use of force all to no avail and hence, this research. The aim of the research is to examine the Islamic law provisions as it relates to these offences with the intent of finding solutions where our laws have failed. This was done while utilizing the doctrinal research method which led to a finding that there is the need for amendment of the punishment section of the Zamfara Sharia Penal Code- for the offence of hirabah to properly reflect its definition section and also the position of the Maliki School of jurisprudence which was found to be all encompassing and accommodates the changing nature of the two offences. It was also observed that there is a conspicuous misunderstanding of the Sharia and the methodology of Islamic politics and public policy by the Boko Haram and hence it is recommended that students of religious training should be properly thought Islamic Sciences that relates to Islamic jurisprudence.