Criminal legislation based on Maliki's jurisprudence in the contemporary legal systems: Case study of Libya, Mauritania and Nigeria

The legislative systems of most Muslim countries in the criminal realm are influenced by the West, While the background of Western criminal laws shows that they are influenced by Islamic jurisprudence and especially Maliki ideas. This jurisprudential School has left many effects in the regulations of some Muslim countries. Libya, Mauritania and Nigeria are three African countries whose criminal system is based on Islamic jurisprudence. The present study, which examines the regulations of these three countries in a descriptive-analytical manner, shows that Maliki's views have formed the basis of these laws. Examples such as the attitude of the said regulations on the issues of the amount of property in theft, types of homicide, ta'zir of the murderer, in this context are noteworthy in this context. In addition, in cases where the law is silent, legal doctrine and jurisprudence invoke the teachings of this School, as in cases such as accepting the punishment of theft in relation to the stolen property, Maliki's opinion has been followed. However, in Libya, if the opinions of other Schools are more favorable to the accused, in some cases they must be acted upon. Despite the architecture of the three legal systems based on Maliki jurisprudence, in some cases the views of other schools of jurisprudence have been followed. Deviations that are primarily in the direction of taking positions in favor of the accused, although in some cases, contrary to this rule, harsher rules have been adopted that are more compatible with social requirements.