Sharia Information and Documentation Project (SIDOP)

SIDOP BULLETIN No. 1, July 2003

The View from Outside - How others see Sharia
(Culled from DevISSues)

Fears of a Civil War in Nigeria May Not Be Unfounded

Maarten G. Barends, Consultant to the European Commission. He wrote this article in his personal capacity. He can be contacted at maartenbarends@hotmail.com

In northern Nigeria, the Sharia was a traditional element of the legal system. The English colonial administration restricted Islamic criminal law, but did not outlaw it completely. The Sharia could be applied as long as it was not incompatible with `natural justice, equity and good conscience'. It was treated in the same way as other local forms of customary law. The English did, however, forbid corporal punishments that involved physical mutilation.

In this restricted form, the Sharia continued to be applied until the 1959 Penal Code Law for the North Region came into force. The Code did, however, contain a number of passages that took account of the sense of justice of the Muslims in the north of the country. Unlawful sexual intercourse and the consumption of alcohol remained prohibited for Muslims. After Nigeria became independent in 1960, the Penal Code Law for the Northern Region remained in force. On 27 January 2000, Islamic criminal law was revived in the state of Zamfara in northern Nigeria. The re-introduction of the Sharia was founded on political motives: state governor Ahmad Sani knew he could count on the support of the largely Islamic population. Other states - Bauchi, Kebbi, Jigawa, Kano, Niger, Katsina, Sokoto, Yobe, Gombe and Kaduna - soon followed, mostly in response to popular pressure. The new laws - known as the Sharia Penal Codes - were introduced in great haste, as witnessed by the countless omissions in the text.

Symbol of Islam and Independence

The Sharia law thus serves political rather than legal ends. The north feels neglected, and has a greater affinity with Chad, Sudan and Saudi Arabia than with Ghana, Ivory Coast or Liberia. The Sharia was introduced as a symbol of Islam and the independence of Islamic Northern Nigeria. It is regarded as a panacea against the corruption and licentiousness that threatened Nigeria. It is a call for the return of norms and values. Even Christians appeal to the Sharia courts, where they can count on a quick and effective decision, free of formalities and bureaucracy.

Since 2000, the federal government in Abuja has been wrestling with the problem of Sharia law in the north. The government wishes to establish closer ties with the West play a leading role in Africa and develop its domestic economy. However, the new Nigerian Constitution, dating from 1999, makes criminal law a matter for the states themselves, as in the USA, where individual states can decide on whether to impose capital punishment. The northern states presented the federal government with a fit accompli: the social debate on the Sharia was conducted after it had been introduced.

Legislation can in theory be appraised by the Nigerian Supreme Court in Abuja to see if it complies with the Constitution, but Obasanjo's federal government must move very cautiously. Every word uttered in relation to this thorny issue is highly sensitive and a Supreme Court judgment on the Sharia law could have catastrophic consequences. And it is by no means certain that Obasanjo would get the support of the Supreme Court, where most of the judges are Muslims.

Polarisation

The largely Christian south of the country observes the developments in the north with grave concern. Many refer to the Constitution and claim that, in certain areas, it conflicts with Islamic law. But the legal argument has become a political one, where the dividing lines are geographical and religious. The polarization of the debate is threatening the very survival of the nation. The reluctance of the police to act against those who uphold the Sharia and the strength of religious feeling amongst the people have led to the formation of hisba groups. These groups take the law into their own hands, resulting in violence and chaos. Religious riots, especially in Kaduna, have already claimed more than 3,000 lives. The fears of many Nigerian that a new civil war could break out may not be unfounded.

The West should make a much greater effort to recognize the difficult position in which the federal government finds itself. That Sharia violates universal human rights on several counts is undeniable, but it does Nigeria little good to constantly complain about these shortcomings.

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