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Name
Kamal
- Nigeria
Profession
Question
How far are Muslims abided by Shari`ah in Nigeria?
Answer
Muslims in Nigeria as their religion requires observe Shari`ah, but only in the northern part of the country is Shari`ah law enforced by the courts under the constitution.
Name
Logo
- Canada
Profession
Question
How many Nigerian states are implementing Shari`ah?
Answer
All the 19 states in Northern Nigeria apply Shari`ah in civil matters. However, in the last 4 or 5 years, 12 Northern states now apply Shari`ah in criminal cases as well.
Name
Sami
-
Profession
Question
Respected scholars, As-Salamu `Alaykum. We read in the news that the authorities of a Nigerian state have issued a law banning women from riding motorcycles behind men in public transports. As a result of this ban, clashes happened because of women refusing this ban due to the insufficiency of proper alternatives as they claimed. Could you please shed light on the Islamic stance regarding banning women from riding with men on public transport and the role of the state to provide the alternative? Jazakum Allahu Khayran.
Answer
Wa`alaykum as-salmu wa rahmatu Allahi wa barakatu.
Dear Sami, the ban on women riding motorcycles driven by men is certainly in order, since Islam forbids mingling of sexes in public. Yes, the state prohibiting women riding on bikes driven by men are in duty bound to provide alternative transportation, Kano state has recently acquired tri-cycles which will carry women passengers sitting at the back of the vehicles with the driver sitting alone in the front of the vehicle. It will be necessary for the authorities to increase the no. of tri-cycles plying the streets or in the alternative, public vehicles like taxis and buses will have to be heavily subsidized by the government so that poor women could afford the fares charged. In other words, The state supported tri-cycle operation in Kano and other Shari`ah states should also follow Kano state's example.
Name
MF
-
Profession
Question
What do you mean by implementing Shari`ah? Does it mean that the administrative posts should be held by Shari`ah scholars only?
Answer
The implementation of Shari`ah means application of Shari`ah law by Shari`ah courts that are manned by judges learned in Shari`ah.
Name
AbdulBasit
-
Profession
Question
Could you please enlighten us on the Nigerian experience in implementing Shari`ah. What are the results of your experience; what are the problems you faced; what are the people attitudes and stances?
Answer
Non-Muslims were very restive at the initial stage when Shari`ah was extended to criminal matters. They feared that Shari`ah might apply to them. The authorities allayed their fears and it was made clear that Shari`ah will not apply to Non-Muslims.
Interestingly, Muslims everywhere welcomed the application of Shari`ah to them. In other words, there were no protests whatsoever in the North where Shari`ah applies. Muslims are however concerned that qualified and knowledgeable judges be employed to administer Shari`ah.
There were some grumblings and complains in certain quarters mainly from the media, regarding amputation as punishment for theft and stoning to death, though in the latter, no such punishment has been carried out in Nigeria. One positive advantage that has been recorded in the Shari`ah states is the significant reduction in crimes since the extension of Shari`ah to criminal matters. Indeed, these states are known to be more peaceful and law abiding compared to their counter parts in country.
Name
A Muslim
-
Profession
Question
I understand that some Nigerian states are ruled by the Shari`ah and others are not. How does the relations between such different states go? Is there problems between both types of states or there is a certain formula that govern your relations and guarantee that no civil clashes occur?
Answer
Shari`ah does not come into interstate matters. Each state applies the law within its territory. Inter state matters are regulated by the general law not shari`ah. Therefore, there's no friction between states on issues relating to Shari`ah.
There are no Shariah clashes between states that are governed by Shari`ah and those that are not governed by it, clashes that have occurred in the past have been internal i.e. within a state governed by Shari`ah wherein non-Muslims were protesting against the introduction of Shari`ah in criminal cases such as in Kaduna state in 2002. no such clashes have occurred since then. Following the clarification that Shari`ah law will not apply to non-Muslims.
Name
Funshoo
- Afghanistan
Profession
Question
What about non-Muslims in Nigeria, i.e., are Shari`ah rules applied on them?
Answer
Since the Nigerian constitution guarantees freedom of religion to all citizens, and since Shari`ah is a religion based law only those who subscribe to Islamic religion are bound by Shari`ah. Therefore, Shari`ah is enforced only upon Muslims. Non-Muslims are not subject to Shari`ah laws.
In states where Shari`ah is implemented, disputes involving Muslims and non-Muslims will be resolved by the general law and not by reference to Shari`ah.
Shari`ah is normally applied, where the people in a state are predominantly Muslims. Shari`ah therefore automatically applies as a common law in that state side by side with English common law which regulates the lives of both Muslims and non-Muslims.
Name
Mohammed
- Ethiopia
Profession
student
Question
Dear Scholar. What are the difficulties that you have so far faced in implementing the Shari`ah and how you handled it?
How is the reaction of the community to the implementation of Shari`ah? Would you mention for us some of the changes achieved after implementing it. Jazaka Allahu khairan!
Answer
The difficulties are varied, training judges, building and equipping courts, provision of facilities like libraries. There's also an agitation that Shari`ah is wider than administering civil and criminal justice but should extend to provision of social welfare, reduction of poverty through economic empowerment.
All these problems require higher budgetary provision if the government has to effectively address them.
Muslims being generally loyal to their faith, have welcomed the strengthening of Shari`ah. Non-Muslims on the other hand reject dichotomy of laws and would want one uniform secular to apply everybody. Human right activists and the media tend to support the non-Muslim position on this matter and their reactions catch world headlines. The current situation appears to be one of live and let live. Muslims are sticking to their Shari`ah and non-Muslims are minding their business. What is perhaps clear is that states became peaceful and are witnessing diminishing criminality.
Name
kamor
- Nigeria
Profession
Question
As-salamu `Alaykum. Dear Sheikh, could you please tell me what specific roles NSCIA played in the issue of the re-introduction of Shari`ah into the Northern part of Nigeria and what plans, if any, are on ground for the complete roll-out across the whole country. Because we may end up creating people that will develop complex identities when they live as Shari`ah-compliant Muslims in their states and the story is very different just across their borders only a few kilometers, within the same country. Also, there has been this widely reported news of the lop-sided implementation of the Shari`ah law in the Shari`a States, which favors/protects the rich and the politically influential that still engage in worse things against the poor and down-trodden who are by and large only struggling under the system to get their lives together. There indeed have been specific examples that have been reported in the news. It is not all good news, is it? Please comment on these issues. Jazaka Allahu Khayran.
Answer
Wa`alaykum as-salamu wa rahmatu Allahi wa barakatu
The NSCIA is non-governmental organization and therefore plays no direct role in the introduction and expansion of Shari`ah as such. However, NSCIA has been fulfilling collaborative roles on the issue of Shari`ah by supporting measures taken by Shari`ah states through advocacy in the media and at public meetings.
NSCIA also gives informal advisory services to states implementing on matters of training and evaluation of judicial performance of Shari`ah court personnel. NSCIA is committed to promotion of the application of Shari`ah i.e. the extension of Shari`ah jurisdiction to Southern states as well.
In civil matters, the issue of complex does not arise in these matters since application of Shari`ah is determined by a person's religion, those who are subject to it, do not feel a sense of inferiority on the contrary they have sense of fulfillment they are true to their faith. One is aware of criticism of "discriminatory application of Shari`ah" in that the scales appear to be more tilted against the less privileged in the society. The same criticism has been voiced against the general law too. The answer is for the Muslim Ummah to continue to be vigilant and to insist on equality of treatment to all regardless of class or status which is the hallmark of Shari`ah itself.
Name
Mohammad
-
Profession
Question
The implementation of Shari`ah raises fears and concerns about women and non-Muslim rights, how do you view these fears in light of the Nigerian experience in this regard!
Answer
Some commentators have erroneously alleged that Shari`ah is anti-women and I have specifically pointed to judgments delivered against women in one or two celebrated adultery cases while the men went scot-free. Although the cases were overturned in appeal, it should be noted that the adulterous men escaped because they denied involvement and there was no conclusive evidence. In Nigeria, Non-Muslims are not subjected to Shari`ah, since it is also a rule of Shari`ah that there's no compulsion in religion. To impose Shari`ah on non-Muslims will tantamount to compelling them to become Muslims.
Name
M.A.H
-
Profession
Question
How do you see the future of implementing Shari`ah in Nigeria?
Answer
I am very optimistic, my prediction is that Shari`ah states will progressively perform better in the application of Shari`ah. And the dividends of the exercise namely, peaceful environment, stability, low rate of criminality will become so manifest that people in non-Shari`ah states will begin to clamor for the extension of Shari`ah legal system to their area.
There is however a strong drawback namely the intolerance of some non-Muslims who are loudest in condemning Shari`ah even though it is inapplicable to them. I wish they would take the admonition in the Qur'an namely: "To us our Religion, to them theirs".
