SHARIA AND HUMAN RIGHTS: ENGAGEMENTS AND DEBATES

Since the return to democracy in 1999 and the introduction of Sharia Penal Codes in twelve states of Northern Nigeria thereafter, political and religious tensions have increased significantly in the country. The positions of Sharia supporters and opponents, respectively, appear fundamentally incompatible, as they are not merely based on different interest. Rather, they are based on radically differing views of cultural rights and of the role of religion in state and society as a whole. In Nigeria, the "Sharia issue" is not new, but rears its head each time issues of constitutional, administrative or governmental change is on the horizon.

The introduction of the Sharia Penal Codes has not only led to political and constitutional conflict, but also to violent communal clashes. Numerous people were killed in riots in Kaduna and other places in February 2000 and, again, during the crisis around the Miss World Contest in November 2002.

Lower Sharia Courts have sentenced women to death by stoning, for alleged adultery. The cases of Safiyat Husseini and Amina Lawal aroused major protests, especially in the international community. Both women were acquitted by higher Sharia courts in 2002 and 2003, respectively, due to international pressure and to the competent legal support they have received by Nigerian women's and human rights organisations. Forms of punishment such as amputation, which violate international human rights treaties signed by Nigeria, have been carried out in a number of cases; other cases are under review by judicial authorities or on appeal at higher courts.

HBF Nigeria believes that, in the current Nigerian setting, the conflict around the Sharia needs to be de-escalated and that constructive, rather than divisive debates need to be encouraged. HBF Nigeria therefore supports a number of activities that
- provide and disseminate information about the wider repercussions of the introduction of Sharia and the debates within Sharia-implementing states itself,
- bring supporters and critics into dialogue with each other, providing avenues for a better understanding and consideration of each other's motives and objectives, and
- re-focus the Sharia debate in Nigeria on issues that really matter: How can the introduction of Sharia improve social conditions and justice? How can access to justice - especially for women and disadvantaged groups - be improved? How can be made sure that internationally accepted human rights standards are adhered to in the administration of Sharia justice?

HBF Nigeria supports the Sharia Information and Documentation Project (SIDOP) based in Kano, which aims at collecting and disseminating Sharia-related information under the aegis of experienced social scientists. SIDOP also serves as a focal point for debates about the wider societal impacts of the Sharia in Northern Nigeria.

Furthermore, ince autumn 2002 HBF Nigeria promotes constructive dialogue about Sharia in Nigeria, by supporting conferences and seminars that bring together experts of public and Islamic law, judges at High and Sharia courts, and members of Nigerian and international human and women's rights groups. They explored ways for improved access to justice within the Sharia legal system. Two publications have emerged out of this process and are available in full text here:

Joy Ngozi Ezeilo, Muhammed Tawfiq Ladan & Abiola Afolabi-Akiyode (eds.):
Sharia Implementation in Nigeria. Issues & Challenges on Women's Rights and Access to Justice.
Enugu: Women's Aid Collective (WACOL) / Lagos: Women's Advocates Research and Documentation Centre (WARDC) 2003.
ISBN 978-36242-4-5. (xxxv+278 pp.)

The preface to the second edition (December 2004) gives an update on recent debates and publications around women's human rights under Sharia in Nigeria.

Joy Ngozi Ezeilo & Abiola Afolabi (eds.):
Sharia and Women's Human Rights in Nigeria. Strategies for Action.
Lagos: Women's Advocates Research and Documentation Centre (WARDC) / Women's Aid Collective (WACOL), 2003.
ISBN 978-8051-03-0.

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