ABSTRACT
This chapter examines legal pluralism in Nigeria through the specific lens of family law. The colonial legacy of the country has profoundly influenced the Nigerian legal system, resulting in the coexistence of English law, Islamic law, and customary law. It should further be noted that, whereas English-derived legislation and the statutes enacted by post-independence Nigeria are codified in written form, both Islamic law (predominantly Maliki in Nigeria) and the diverse bodies of customary law remain largely uncodified. The issue of their ascertainment is therefore a recurring and complex task for judicial interpretation. Nigeria’s federal structure is reflected in a multifaceted judicial architecture composed of both federal and state courts, into which are incorporated religious courts (currently only Sharia courts) and customary courts. However, the system lacks national uniformity: in the South (predominantly Christian and animist), Sharia courts are often absent, while in the Muslim North the establishment of customary courts has been less extensive. Within this context, interfaith marriages constitute a persistent challenge, raising intricate issues regarding the determination of the applicable law, conflicts between state, customary, and Islamic norms, and significant barriers to access to justice in those regions where courts of one system or another are unavailable.
