Sharia in Nigeria: Some Issues Arising

In 1999 when the Governor of Zamfara State in northern Nigeria first declared his intention to ‘launch’ Sharia in the State, many commentators dismissed his action as ‘political’ rather than religious; a mischievous diversion, albeit a dangerous one; a coup or declaration of secession against Nigeria, which would soon fizzle out. A few women’s groups, interestingly enough, and some northern women in particular, viewed it with more seriousness and convened discussions on the implications for women in Nigeria, particularly in the North. These women were concerned about the rolling back of gains made by women in the North in the quest for equal opportunities and gender equity, against the background of the rise of Islamic fundamentalism in the area and in other parts of the world. They have indeed been vindicated. Over the next two years, eleven other northern states followed the Zamfara example. Islamic personal law had always been recognised under Nigerian law and the Penal Code adopted in northern Nigeria in 1959 was said to embody aspects of Islamic penal law. These 12 northern states however, enacted new penal laws supposedly based on the Koran, and some sought to enforce social rules regarding dress codes for females, ordering them to get married or risk losing their jobs, prohibiting their use of motorbike taxis etc.

Discussion forums organised by well known NGOs working on human rights and women’s rights in Lagos in 2000 highlighted a polarisation of views between Christians or Southerners and Moslems or Northerners. Even Southern Moslems who tried to make a case for adoption of Islamic norms were shouted down and their views debunked. They were accused of hege-monic attitudes, threatening the secularity of Nigerian society and government, and ulterior political motives. Islam was frequently de-monised by Christians who were often fairly ignorant of the tenets of Islam, and yet totally against suggestions that this was a gap in Nigerian education which should be bridged to promote mutual understanding. It was impossible to decipher clearly the arguments for and against the adoption of Islamic rules and norms, and the mode of adoption proposed, at these forums. The debate was polarised as ‘Moslems against the rest of us’, or Moslem leaders vying for political power. Either way, the issues the launching and adoption of Sharia raised in Nigeria, and the ways in which they might play out were lost in the discussions. This paper is a preliminary attempt to sort through the maze of questions thrown up in various forums and to identify some core issues to be resolved. Did the governors and Houses of Assembly of the 12 states in question have the power or right to declare their adoption of Sharia and enact Sharia penal laws in those states, within the context of a multi-cultural and multi-religious society such as Nigeria? Are the new rules and procedures in conformity with Islamic principles and precepts as understood by the entire population of Moslems in these states? What is the position of non-Moslems resident in those states, especially in the case of conflicts between the two systems?

Parallel judicial systems
Since the imposition of colonial rule and the ‘reception’ of English law in Lagos and the rest of Nigeria between 1863 and 1903, three main socio-legal regimes, namely: (1) English/Modern law, (2) ‘Native law and custom’ and (3) Islamic law (often classified as native law and custom despite its written sources), have co-existed in the country, giving rise to significant internal conflict of laws issues. English/Modern law occupied the most important space in the hierarchy of laws and the parallel systems of customary and Islamic law were applicable subject to the caveat that they were not ‘contrary to natural justice, equity and good conscience’. Changing social contexts, a new political and judicial system, new constitutions and new legislation passed by Nigerian governments, the re-interpretation of customary and Islamic rules and norms as well as the interaction between these different social and legal regimes, over the years have produced a complex melee that is difficult to unravel. The clamour for the maintenance, reinstatement or return to these different socio-legal regimes by various interest groups, however, makes it important for us to attempt some unravelling and analysis of the issues at stake.

Today, the Constitution supposedly represents Nigerian modernity—what we say we want, crafted by us in 1979, 1989 and 1999. Christianity has also taken firm root in many communities in the country. Islam has been and is now being invoked as the native custom or culture in the northern states which formed part of the Sokoto Caliphate established in the early years of the 19th century. The Caliphate itself was established through Usman Dan Fodio’s jihad and conquest of the local Hausa and Middle Belt communities many of which had either not embraced Islam or had embraced it to varying degrees since the 11th century. Local customs were still prominent, although Dan Fodio established a new and far reaching political, administrative and judicial system based on stricter adherence to the tenets of Islam. Hausa and Middle Belt communities in Nigeria have thus in a sense suffered two conquests—by the local Fulani jihadists in the 19th century and the British in the 20th century.

Custom and culture (pre-colonisation) are constantly being invoked in Central and Southern Nigeria as what various groups are comfortable with and believe is their ancestral practice, fundamental or important to their identity as groups, in spite of the historical changes these norms have undergone over the centuries. Changing economic circumstances and rapid Westernisation and urbanisation in Nigeria since the beginning of the 20th century have transformed people’s lives throughout the country giving rise to profound alienation, impoverishment and uncertainty for the majority.

The need for a participatory process
It is against this background that the 12 governors and leaders of the northern states in Nigeria have declared their adoption and attempted implementation of Sharia. Do these leaders have the right to do this? The peoples of northern Nigeria are not homogenous. There are Hausa and other ethnic customs observed in the area and there are Christians resident there. northern Nigeria is also part of the Federation of Nigeria which has a constitution embodying rules relating to citizenship and entitlements of all who reside therein. Furthermore, what is being imposed is an interpretation of Sharia and there is considerable dispute and discussion on various interpretations. Similar issues of applicable custom and law would arise in relation to the imposition of Christian custom or so called native custom even on people who hail from the area in which the customs are applicable. Taking into consideration the far reaching social and economic changes that have taken place in Nigeria and in the light of the adoption of a Constitution for the country, however contentious, who is to decide what direction reform should take? One group, even if in apparent majority in a specific location cannot unilaterally take these decisions. A legitimate process, in my view, needs to be as participatory as possible, leaving space for differences and diversity. Claiming the right to impose or opt out of a system is based on the procedures by which that system came into operation and is maintained and renewed, if the system is to avoid disintegration, and this is what is at issue in Nigeria.

Moslems are actively engaged in a debate on the interpretation of basic principles and the rules of Islam to be adopted in each society. There has been little emphasis on education of people and reform of values and practices which threaten peace and security. There has been much emphasis on punitive measures selectively employed against the poor and disempowered rather than the provision of an enabling environment in which the new society envisaged by the Prophet and his followers can emerge and thrive. The intolerance and arbitrariness of groups like the Sharia vigilantes or Hisbau are being condoned and even encouraged in some states.

My perception of religion is a set of beliefs and practices seeking to establish or re-establish the bond between (wo)man and God. This is what the word religion means taken from its Latin root. This is the focus of the teachings and lives of most of the founders of religious traditions from different parts of the world who have sought peace, harmony and social justice. Yet religion has come to be perceived by so many as a divisive factor and source of conflict in our world today.

The roots of fundamentalism
The impact of structural adjustment programmes and globalisation over the past 20 years has increased the vulnerability of people and caused them to intensify their search for meaning in life. Fundamentalism—Christian, Moslem and expressed in ethnic and other terms—is part of this search and reaction against the alienation of colonial/modern institutions, rules and norms. The quest to re-establish identities, institutions, values and norms that are meaningful to people cannot be wished away. However, the vulnerability of the disempowered and marginalized majority in Nigeria, makes them open to manipulation by elites wielding power and engaged in a power struggle.

The crises, debate and dispute in Nigeria is not fundamentally about Islam or religion. It is about the attempted imposition of one interpretation of Islam and religion by a small and powerful group of people on a multi-cultural and multi-religious society without proper negotiation with the various stakeholders in the country. It is about the misuse and abuse of power by a small minority of leaders and the manipulation (sometimes cynical) of a vulnerable majority by this elite. However, they are encountering resistance. Those who challenge their right to make this imposition, as well as their interpretation and misuse of Islam or religion, and call for a system in favour of justice and empowerment of the people are engaged in a critical struggle for democratisation and social justice in Nigeria, not a struggle against Islam or Moslems and we are all entitled to join and support them locally and internationally. However, the motivation, expression and substance of this support is important too.

The issue of Sharia in Nigeria is both about agreed formulae for the exercise of power in the country, as well as building consensus on human dignity and acceptable social behaviour. Both require processes of negotiation and compromise and we should all participate in this process in good faith. In fact, the good faith of religious groups more than any others, should not be in doubt and they should be at the forefront of this endeavour. Above all, the majority of ordinary people (who bear the brunt of conflict and crises) currently confused and caught between self-seeking and corrupt local and foreign elites, need to be informed and to participate actively in this process.

Literature on Sharia in Nigeria
Alemika, E. and F. Okoye (Eds), ‘Ethno-religious conflicts and democracy’. In Nigeria: Challenges. Kaduna: Human Rights Monitor, 2002.

Gaiya, Musa A.B., ‘The Shar’ia and fundamental human rights in Nigeria.’ Svensk MissionsTidskrift, vol. 90, no. 2.

King, Lamont Dehaven, ‘State and ethnicity in precolonial Northern Nigeria’. In M. Keita (Ed.), Conceptualising/Re-conceptualising Africa: The Construction of African Historical Identity. Leiden: Brill, 2002.

Nzegwu, Nkiru, ‘Islam and its Bigots : The Case of Safiyatu Huseini Tugur Tudu.’ In Jenda: A Journal of Culture and African Women Studies, vol. 1, no. 2, 2001. (www.jendajournal.com)

Ostien, Phillip, ‘Ten good things about the implementation of Shar’ia in some states of Northern Nigeria.’ Svensk MissionsTidskrift, vol. 90, no. 2.

Sanusi, Sanusi Lamido, Shar’ia and the Woman Question. (www.gamji.com/sanusi16.htm)

Yadudu, Auwalu, ‘Shar’ia implementation in a democratic Nigeria: Between deference to popular will and libertarian challenges’. Paper presented at the 3rd Annual Conference of the Centre for the Study of Islam and Democracy in Arlington, Virginia, USA, 6–7 April 2002. (see www.gamji.com/NEWS1284.htm)

Yadudu, Auwalu, ‘The prospects for Shar’ia in Nigeria.’ in Nura Alkali et al (Eds) Islam in Africa. Ibadan: Spectrum Books, 1993.