The Shariah Debate :  A Muslim Intervention

By

Sanusi Lamido Sanusi

sanusis@ubaplc.com  

WWW.GAMJI.COM

The announcement by Zamfara state governor of his intention to broaden the scope of application of shariah law in his state has provided once more all those who thrive on controversy with the opportunity to bare their fangs.  Arguments have been put up, for or against the decision, ranging from the sublime to the ridiculous.  Commentators, pretending to be knowledgeable, have continued to unleash invectives and slander on fellow citizens with little effort at understanding not only the content of the shariah but also the explicit statements and clarifications given by the governor himself. 

The Guardian Newspaper, in particular, seems committed to waging a “holy war” against Zamfara state.  A column, called “Shariah Debate” and sometimes even “Shariah Debacle” is designed to sensitize Nigerians on the threat posed by shariah to our corporate existence as a unity.  Having strongly questioned the constitutionality of the Governor’s moves and endorsed Obasanjo’s dismissal of the state’s action as “unconstitutional,” a recent Guardian Editorial then urged the nation to ignore the “attempt to elevate the Zamfara state government action to the status of a great constitutional issue requiring adjudication by the courts ….. as the relevant constitutional provisions appear sufficiently clear.”  In other words the constitution should be interpreted by the executive, by the press, by CAN and by Shiites and the Zamfara government should be obligated to adhere to this interpretation rather than insist in the legality of its action unless overruled by a court of competent jurisdiction.

In a similar vein, Christian leaders have continuously asserted that the Shariah will lead to oppression of non – Muslims.  Islamic society has never been known to oppress members of other faiths in the manner that the Christian church, for instance, oppressed Jews and those considered as belonging to heterodox sects.  The destruction  of Jewish synagogues by Christians with the full support of St. Ambrose of Milan during  the reign of the emperor Theodosius, the exploitative claims of Catholic popes like Boniface VIII, the repressive content of papal encyclicals like Quanta Cura and Syllabus of Errors promulgated by Pius IX, the persecution of Aryans and Protestants, the oppression of scientists like Galileo and Copernicus, the crusades launched by the  church against Islam which ended in scandalous defeat, all of these have left Christian leaders with a sense of fear and paranoia when it comes to other faiths, and a feeling that others will treat them using their own methods.

It is the paradox of our times that the greatest defenders of the rights of religious minorities and secularism today in Nigeria are the fathers of the Catholic church.  Secularism as an ideology is antithetical to Christian teachings and papal encyclicals.  It grew as a reaction to the ignorance and tyranny of the Catholic church and is a direct product of the revolution called “enlightenment”.    That a Catholic archbishop should now be the ideologue for secularism is indeed remarkable.

The fear of  Christians is understandable.  They have not read the Quran and Hadith, the sources of Islamic law and seen where Allah and His prophet explicitly enjoined Muslims to ensure that they respect the religious rights of others and to treat adherents of other faiths with kindness and justice unless they commit an aggression against Muslims on account of their faith.  Christians have not been allowed to read the history of Islamic states, to know the position of Jews and Christians in the Abbasid and Ottoman Empires, for instance, and to compare this with the position of even “non – orthodox” Christians under the system run by the Fathers.  In his classic historical text Bosnia : A Short History, for example, the Christian writer Noel Malcolm had this to say: 

“Although Bosnia was ruled by Muslims … It was not state policy to convert people to Islam or make them behave like Muslims; … The Christian and Jewish religions were still allowed to function … and they were also permitted to apply their own religious law to their people in their own courts at least in  civil matters” (P.49).

No historian has ever recorded such a level of tolerance in church history.  It is significant that this treatment was given by Islam  to a conquered  people.  How can anyone expect Zamfara State which is only implementing shariah in a democratic setting to be seeking the oppression of Christians. 

This policy of letting non – Muslims go to their own courts in civil matters did not start with the Ottoman State.  It is also not being complied with because of the Nigerian Constitution.  It is an explicit injunction in the Qur’an, that only when non – Muslims voluntarily  seek Muslim law in civil and personal matters should they be subjected to that law.  And even then justice and fairness must be the guiding principle.  We read in the Quran:

“They listen to falsehood, and devour anything forbidden.  If they come to you ( O Muhammad) either judge between them or turn away from them.  If you turn away from them, they can not hurt you in the least.  But if you judge, judge with justice between them.  Verily, Allah loves those who act justly.  But how do they come to you for decision while they have the Torah, in which is the plain decision of Allah?  Yet even then, they turn away for they are not true believers” (ch. 5 : 42 & 43).

How can government that seeks shariah, oppress Christians on account of their faith with the following clear verses in the Qur’an:

“Let there be no compulsion in religion.  Verily the right path has become distinct from the wrong path..”  (ch. 2 : 256)

“And say: the truth is from your lord:  Then  whosoever wills, let him believe; and whosoever wills, let him disbelieve…”(ch. 18 : 29)

“Say O mankind! Now truth has come to you from your lord.  So whosoever receives guidance, he does so for the good of his own self; and whosoever goes astray does so to his own loss.  I am not set over you as a disposer of affairs to obligate you” (ch. 10 : 108) 

“And had your lord willed, those on earth would have believed, all of them together.  So will you (O Muhammad) then compel mankind, until they become believers?” (ch. 10 : 99).

“Allah  does not forbid you to deal justly and kindly with those who fought not against you on account of your religion nor drove you out of your homes.  Verily, Allah loves those who deal with equity.“Allah only forbids you as regards those who fought against you on account of your religion, and have driven you out of your homes, and helped to drive you out to befriend them and give them assistance.  It is those who befriend and assist such who are the wrong-doers” (ch. 60 : 8 & 9)

There are many verses in a similar vein such as ch. 11 : 121-2;  ch. 88 : 21-24;  ch. 29 : 46;  ch. 5 : 6; and ch. 3 : 64.

The fact is that prejudice is always built on a foundation of ignorance.  Those who seek to criticize shariah should at least understand what it is they are criticizing.  Unfortunately, too many “experts” know nothing about the topics they approach.  A classic example is one M. C. Thompson, president of the “International Federation of Conscience”  who wrote an article in the Guardian of 5th November, 1999 entitled “Sharia: matters arising”.  In the article, Thompson who cloaks his ignorance with half-understood concepts, declares that “most Muslims of northern Nigeria are Shiites of the aggressive type who even consider Sunni Muslims as nominal for not being fundamentalist enough”.  the display of total ignorance by the writer (and the editors) is indeed baffling.  Nigeria is a  bastion of Sunni Islam. Nigerian Muslims in their history have never been Shiites.  A small group of young Muslims, inspired by Khomeini’s  revolution in Iran, (some of whom spent some years studying Islam in Iran) adopted Shiite ideology but these are generally considered a noisy and half – educated fringe  group.  Mr. Thomas also asserts that because the Saudi government ban on women from driving  is an example of Islamic law.  The clear position of jurists is that the sharia makes no such provision and indeed women rode horses and camels in the time of the prophet so the law has no Islamic basis.  This much is common knowledge. The suggestion that women are “bottled up” is also reflective of ignorance not only of shariah but of Muslim history in Nigeria.  It is common knowledge that Shehu Dan Fodio’s islamic movement liberated women from the so – called purdah and this was one of the areas of misunderstanding between him and scholars of his generation.  Also, the guidelines issued by the Qur’an on how Muslim women should dress when coming out is a clear enough indicator that they are not supposed to be “bottled-up”. M. C. Thomas also claims without any reference to sources that Saudi women were executed for demanding the right to drive cars.

It is this attribute of injustice, this tendency to give a dog a bad name in order to hang it that will destabilize Nigeria, and not introduction of sharia.  When archbishops hold press conferences and spread unsubstantiated rumours of amputations it is they, not the Zamfara state government, who threaten the peace.  Christians should judge shariah by what the shariah is.  The historical church is no yardstick for measuring Islam.

Muslims understand why Christians associate religion with tyranny.  That has been the experience with the church.  It is also what they read in their own Holy Book, the Bible.

How can they not fear, when they read the following, for example, as divine revelation:

“I will drive out the Amorites, the Canaanites, the Hittites, the perizzites, the Hivites, and the Jebusites as you advance.  Do not make any treaties with the people of the country into which you are going… instead, tear down their altars, I, the lord tolerate no rivals” (Exodus 34 : 10-14)

When you capture cities in the land that the lord has given you, kill everyone” (Deut. 20:16)

Before going into battle with Canaanites, the Israelites vowed to their God “if you will let us conquer these people, we will unconditionally dedicate them and their cities to you and will destroy them”.  And the lord heard them “so the Israelites completely destroyed them and their cities and named the place Hormah  (Numbers 21 : 2-3)  {Hormah  means destruction in Hebrew}.

When the Israelites killed Midianite men, they plundered their lands but allowed the women and children to live.  Moses thundered “why have you kept all the women alive?  Kill every boy and kill every woman who has had sexual intercourse, but keep alive for yourselves all the girls and all the women who are virgins” (Numbers 31 : 15-18)

“Now listen to what the Almighty says … Go and attack the Amalekites and completely destroy every thing they have.  Don’t leave a thing:  kill all the men, women, children and babies, the cattle, sheep, camels, and donkeys” ( I Samuel 15 : 1-3)

These words provided the inspiration for the catholic state in its dealings with non – catholics.  When Christians fear intolerance from shariah, or accuse Islamic law of being barbaric, therefore, it is because their knowledge of shariah is limited to the bible and their experience under catholic popes which led to rebellion and secularism.

It is time for the Guardian to listen to the Zamfara state government.  It is time to know that the Quar’an and sunnah enjoin the creation of a just and honest society, and protect freedom of religion and conscience.  It is time to ask those who feel there are legal problems to go to a court of competent jurisdiction.  Alhaji Ahmed Sani has repeatedly said his priority is good government, education, poverty alleviation and moral rebirth.  He has assured non –Muslims of the full protection of their rights.  He has never declared  Zamfara an Islamic state.

Many people, including Muslims, have apprehensions about the shariah project.  With the best of intentions, practice is always flawed and imperfect.  There is a need for caution, for enlightenment and for sensitivity.  Those charged with the responsibility for interpretation and implementation of the shariah themselves need time to be fully trained.  They need to be sensitive and to  recognize economic and other conditions which should serve as extenuating circumstances when applying the penal code. The government must resist the temptation to exploit the potential propaganda value of religion for political gains. But by far the greatest problem facing the country is prejudice and ignorance, and the inordinate desire to cry wolf where there is none.  Of this, the Guardian is guilty.


You can read more about my article from my web page at http://www.gamji.com/sanusi.htm

 

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