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Governor Muazu Babangida And The Implementation Of The Shareerah Legal System In The Northern States : A Sober Reflection By Dr. Abubakar A. Muhammad
A month or two ago, one of the daily newspapers in Nigeria: “This Day” reported that the Governor of Niger State, Dr. Muazu Babangida Aliyu had indicated the implementation of the Shareeah legal system in some states in Nigeria was the raison d’etre for their economic backwardness. According to the newspaper, he went on to applaud the statement made by General Olusegun Obasanjo who had once remarked the Sharee’ah was introduced in some parts of the North for political, rather than religious expediency and that it was ‘soon going to fizzle away’. It was Muazu Babangida’s conclusion that indeed General Olusegun Obasanjo had been vindicated looking at the non-performance and corrupt behavior of those leaders saddled with trust, but who were known to have acquired wealth through illegal means. While one would have no problem to accept Dr. Muazu Babangida’s premise of corrupt leaders, it is totally un-Islaamic and impious for any Muslim to have stated that the reason for massive poverty in the North was the result of the implementation of the Sharee'ah legal system. This is obviously discrediting the Islaamic Law which at any given time is supreme over man-made defective laws. Nor is the issue of “Masu bara” [Almajirai] that the Governor alluded to as synonymous with Muslims a by-product of Islaamic tenets. Contrarily, it is the non-implementation of the Sharee’ah code against those political and economic thieves who roam about as ‘elected leaders’ that had caused the socio-economic system to collapse. Unfortunately, my good friend, Dr. Muazu Babangida Aliyu may have been one of the beneficiaries of such corruption in politics that was witnessed in the last election, notwithstanding the fact that the Election Tribunal had vindicated him of any wrong doing as alleged by his opponents; though the verdict unfortunately is still being contested in an Appeal Court. As we all knew the last election was one roundly and universally condemned as the worst ever conducted in Nigeria. It was an election characterized by massive fraud, hijacking, and stealing of votes and ballot boxes, not to mention the brutal barbarity, intimidation, arson, and killings of opponents who stood to be counted on the day of the ‘419 election’. Alas, the Chief Servant’s party, the vote rigging PDP, surpassed all other political parties in the exercise of corruption, intimidation, hijacking and stealing of votes and ballot boxes, political assassinations and what have you, all as illegal and condemnable practices that cheated Nigerians from all walks of life of exercising their free will under the rule of law, to elect their representatives at the local and national levels.
Dr. Muazu Babangida who now goes with the beautiful and humble acronym as ‘Chief Servant’, rather than the usual ‘His Excellency,’ the Governor, is well known for speaking out, some will say often, to express his stand on issues, and perhaps had done so in a way that had created some problems for him. I will not go into details. The ‘Chief Servant’ of Niger State should know though that even as a ‘Servant’ his words carry great weight and no less what some people will see as his insidious attack on the Sharee’ah legal system. On top of his service to Nigerlites he is also the current chairman of the Northern Governors’ Forum, a chair that should even make his statements carry greater weight as it may be assumed he was speaking for the Chief Executives of the Northern States. It should be stated though that he was not alone for his apparent aversion to implementation of the Sharee’ah system in the largely Muslim Northern States and a number of the Muslim Governors and political leaders are indeed against the infusion of the Sharee’ah code into the Constitution they have fully embraced and manipulated to serve their interests. I had in a recent write up stated that what we call ‘democracy’ and its practice in Nigerian politics, especially in electing our ‘political leaders’ has completely failed the people it is supposed to serve. It was and remains my position that any system that allows the imposition of leaders through fraud and corruption and had not made it easier for the masses to remove such leaders or at least hold them accountable cannot be seen to have any use beyond perpetuation of corruption, nepotism, brigandage, and outright mismanagement of peoples’ resources and interests. Unlike the western style democracy under which the Nigerian Constitution was built upon, the Sharee’ah legal system for the Muslim population is sourced from the Book of Allaah [swt] and the glorious teachings and practices of Allaah’s final Prophet and Messenger [saw]. Muslims from all walks of life are therefore bound to conduct their affairs, be it political, social, economic, and educational and the like under the banner of the Sharee’ah that was chosen for them by the Law Giver. Indeed we should make no mistake to believe that man-made laws can replace the Sharee’ah even in a so called modern, industrialized and technologically advanced society. While nothing should stop an Islaamic society from borrowing the western systems: political, economic, social, and educational that could work side by side with [not against] the Islaamic system, it should never be construed the former is better and more workable than the latter. Far from it! Muslims are ordered to adhere to the Sharee’ah in all their affairs, a Commandment that indeed has no time limitation. Hence to look at the Sharee’ah legal system as many so called Muslims do today, including our leaders, and to consider it archaic or unworkable in today’s socio-political fermentation of the western world is irresponsible as it is blasphemous. Allaah [swt] is certainly Wise to prescribe the Sharee’ah legal system to Muslims at all times and this is clearly supported by His comprehensive and unambiguous statements thus: “And whosoever does not judge by what Allaah has revealed such are the disbelievers; And whosoever does not judge by what Allaah has revealed, such are wrongdoers; And whosoever does not judge by what Allaah has revealed such are the disobedient.” [Soorah Al-Maaidah 5: 44-45 and 47].
It is significant the word ‘judge’ is inclusive of all affairs of Muslims [including politics] and they have to live according to the tenets of Islaam, the principal being keeping law and order according to the Sharee’ah requirements. It is important in mentioning these verses that reference is particularly made to punishments of: “Life for life; eye for eye; nose for nose; ear for ear; tooth for tooth; and wounds equal for equal.” [Soorah Al-Maaidah 5:45]. The Law Giver who does not discriminate prescribes that punishment must be met by equality of guilt so one that steals will have his wrist cut off once evidence and conditions to do that are fully met. Therefore the pen thief and the poor robber will face the same penalty [once stolen material reaches prescribed value] and will not be allowed to go scot-free simply because the pen pushing thief has higher status in society than the poor thief. I for one find it hard to understand why our political leaders regard the Sharee’ah legal system as intrusive and unworkable when it can and will replace the polluted western politico-legal model that is so infested with the deadly cancer of corruption. The Sharee’ah legal system alone brings hope for equal treatment and can adequately treat matters of corruption and dishonesty and abolish it within our society. It should be known that a pre-condition of one’s being a Believer in the Islaamic religion is that one adheres to Allaah’s Commandments and Laws and to prefer them over any other man-made laws no matter how attractive the latter appears to be. Allaah [swt] says: “And those who [truly] believe love Allaah most.” It does not need to be stated that loving Allaah [swt] means obeying His Orders at all times. The Believer must also accept the commandments and rulings of Allaah’s Messenger [saw] who is the embodiment, explainer and practitioner per excellence of Allaah’s Book through the Sunnah. No one can be a true Believer that deliberately ignores the Qur’aanic Injunctions and the Sunnah and goes on to prefer and professes the alien western or any other model of government: legal, political, economic and social systems even as these are the antithesis of justice and equality. Allaah [swt] Has stated numerous times in His Noble Book that love and obedience to Him are only attained by loving and obeying His Messenger [saw]. He states: “Say [O Muhammad, to mankind]: If you [really] love AIlaah follow me, Allaah will love you and forgive you your sins. And Allaah is Oft-Forgiving, Most Merciful.” [Soorah Aal-Imraan 3:31]. Allaah [swt] also says: “O you who believe! Obey Allaah and obey the Messennger [Muhammad] and render not vain your deeds.”[Soorah Muhammad 47:33]. I find it hard to accept in what way a system that is so corrupt can be expected to bring our leaders, especially the elected officials to account; hence one finds all the brouhaha regarding economic and civil tribunals and findings to bring to justice those corrupt politicians and civil servants [past and present] usually end up with no convictions appropriate to the monumental fraud and injustices such leaders had inflicted on the poor Nigerian masses.
I understand the Nigerian Constitution cannot be Islamized because it has to adhere to all types of religious norms and cultures in a multi-religious and multi-cultural formation. It should not be concluded however that the States’ Sharee’ah and Federal Islaamic Courts cannot effectively function to preserve the integrity of Islaamic system of government. Herein lays the relevance of States that are dominated by Muslims to reach out and implement the governmental system according to Islaamic tenets and practices. Because leaders have advocated the Shareeah legal system in the last eight years of our so called ‘democratic dispensation’ and have used the Sharee’ah for reasons other than Islaam should not make one to jump into conclusion that the fault lies within the Shareeah legal system itself, a situation Dr. Muazu Babangida Aliyu opined had resulted in the backwardness and poverty of the States where political leaders have implemented the Sharee’ah legal system. It can be reasonably stated that the States in the North that have remained backwards today were in the same situation over the years in part because of the absence of educational, and economic development as well as absence of integrity, fairness and above all accountability in government. The situation had therefore made the corrupt and powerful money bags that are unscrupulous, dishonest, greedy and self imposed leaders continue to grab and enrich themselves with ill gotten wealth. We are all witnesses to the unsuccessful effort of the EFCC; the ICPC and other anti corruption agencies to ‘stamp out’ corruption from the society, especially to bring to book such people and leaders who were caught pants down stealing from our treasuries. Why did such agencies fail? Part of the answer lies with the fact that the agencies conducted their missions selectively, overlooking the misdeeds of those that brought them in office in the first place. They also lacked a true and selfless agenda that was comprehensive to deal with all cases of corruption in all spheres of influence. A corrupt business mogul is as bad if not worse than a corrupt politician, but the truth is that in their mission, the anti-corruption agencies continue to ignore such corrupt practices from businesses and their operators simply because they are not, according to them, within the interest of the public and the tax payer. How many of our business and traditional leaders who were known to have dabbled into politics and are surrounded by money making machinery were ever invited to explain shady dealings they had been involved in, often, with concrete evidences of wrong doing? Were they left alone because they had become the untouchables? What a travesty of justice! Remember the infamous Olusegun Obasanjo library fund-raising? Who were those that raised the eight billion naira within one day of the appeal fund and this was when OBJ was sitting right in Asorock as the President of the Federal Republic of Nigeria while the EFCC, and ICPC, that were supposedly running anti corruption crusade did not pay any attention to the misdemeanor? It goes without saying that an alternative Sharee’ah Watchdogs that do not discriminate between the well to do and the poor thieves are highly needed to be imposed within the limitations of the Federal and State Shareeah Courts to do the work the current so called anti corruption agencies have failed to do. I believe if the Shareeah Watchdogs are properly formed they will succeed where the EFCC and ICPC have failed so miserably and will help the Islaamic Courts to positively transform a society that has been be-devilled with all forms of corruption and immorality. Luckily too, the Shareeah Court system does not allow tactical delays that give the prosecutor or the defender an indefinite time to prepare false documentations, treaties and paid for service witnesses that we are too familiar with today under the so called ‘democratic practice.’ These delays, if anything, only help the affluent with time to bribe the judges and targeted people of influence to turn the tables upside down in a situation when such unscrupulous criminals would have no chance to win their cases. Sharee’ah Court system, operating under the true dictum of ‘justice delayed is justice denied’ does not tolerate such delaying tactics and moves swiftly to pronounce justice where and to whom it is due. Using the Islaamic principle of complete and timely justice it follows head to foot the Quraanic statement: “O you, who believe! Stand out firmly for justice, as witness to Allaah, even though it be against yourselves, or your parents, or your kin be he rich or poor, Allaah is a Better Protector to both [than you]. So follow not the lusts [of your hearts], lest you may avoid justice….” [An-Nisaa 4:135]. It is therefore quite obvious that the Shareeah legal system of dispensing justice to all and sundry is more workable in our society than the man made legal systems of the West that Nigeria had adapted to the detriment of the majority of its population of Muslims. To state that this discrepancy needs urgent attention and correction as provided in our Constitution is indeed a very serious understatement.
But going back to the Chief Servant, Governor Muazu Babangida’s statement that OBJ has been vindicated because the ex-leaders from the Shareeah States did not deliver as expected under the Shareeah one would see the statement as lacking in substance. Those leaders failed to deliver not because of their implementation of the Shareeah; rather because they did not in actual fact use the Sharee’ah appropriately to deliver their States from the pains of poverty and want; they did not deliver because the Sharee’ah instruments for equality before the sight of Allaah [swt] were not used to harness the resources of the States to provide education, jobs, industries, water, and electricity as well as the infrastructures needed to boost agriculture and allied businesses that used to be the urgent concerns of the God-fearing administration of the late Alhaji Ahmadu Bello, the Sardauna of Sokoto. The political leaders of the Muslim North can no longer hide under the banner of backwardness in ‘public education’ to criticize Islaam or the Shareeah legal system simply because they do not want its implementation to positively affect the lives of the majority of the masses they govern. Rather, they abhor the Shareeah legal system because it exposes their double standards as leaders who want to grab wealth and power by all possible means, including corrupt practices that are roundly condemned by the Shareeah legal system. Otherwise, the Chief Servant should have lamented the lack of the true implementation of the Sharee’ah by his predecessors even as they claimed to have operated their administration under the Sharee’ah, a claim that was tainted by lack of transparent action. Because Niger State was one of the so called Sharee’ah States one expects Dr. Muazu Babangida Aliyu, as a God-fearing leader, to move on with the full implementation of the Sharee’ah legal system in Niger State to show as a dedicated Muslim leader that the Sharee’ah is not to blame for backwardness of his state; rather, his predecessor did not adequately use the Sharee’ah to provide education, economic development and viable infrastructures that could have transformed Niger State into a true ‘Power State.’ Should the ‘Chief Servant’ accomplish this feat, he will leave behind a legacy of great performance for everyone to emulate not just in Niger State but throughout the Federation. In my humble opinion it is not enough to play the hide and seek game of name calling, not to mention the blame game to discredit the Sharee’ah legal system for all the woes the States in the North have gone through. To the contrary, the salvation of the masses in these states lies in the strict and latter application of the Sharee’ah legal system that provides prudence and accountability; their salvation lies in the strict application of the rule of law and treatment of all citizens with dignity, respect, fairness, and justice that are the bedrock of the Sharee’ah legal system in a true Islaamic State. I rest my case solidly behind the full implementation of the Sharee’ah legal system in Nigeria. Dr. Abubakar A. Muhammad wrote in from the State of Pennsylvania, United States of America.
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