ISLAM FOR BEGINNERS BRS 107.pdf - CUEA

Unfortunately, in these two referential cases (Nigeria and the Sudan), the differentbackgrounds, and diversified native laws, the multiplicity of religions and philosophies do notwork for such enterprise. In the case of Nigeria, the implementation of Shari’a perhapssucceeded in the 15 th century in the Hausa Land because Nigeria as one nation never was;what existed were not Nigeria but various tribes and Kingdoms. We know moreover that in19 th Century, Uthman Dan Fodio raged a war against the rulers who secularized Islam. Weequally know that during colonization, the British accepted Shar`ia as a native law since it wasalready a written. So Shari`a was used in the North of Nigeria but specifically in mattersconcerning marriage, inheritance and ownership of lands. We recall that the British settlersused an indirect rule to govern the nation but this turned to be an indirect way of promotingand protecting Shar`ia and the Islam. Non-Muslims were rejected and the non-Muslimschools disallowed for a while. It was the most popular law in pre-independent Nigeria andthis popularity might have been one of the motives behind all the attempts (1978 and 1989) ofmaking Shar`ia the constitution of the country. A new attempt was made in 2001. Is going tosucceed?Even if the Shari'a is considered as the law of all, its first source (Quran) does not containpositive rules that could guide people in various matters. In criminal law, for example, theQuran list six cases namely unlawful sexual relations, false accusation of unchastity, theft,wine-drinking, armed robbery and apostasy. Furthermore, in judging these crimes, the judgeswere neither effective nor powerful because of the conditions laid down by the Quran forfinding the truth. Out of 6200 verses, 200 admit juridical construction and only 80 are explicit.There is therefore a great work of scholars of interpreting what God has revealed in theQur'an. It is here that we find great confusion between what Allah ordained from all eternityand what people (scholars) acclimatize from time to time, mostly for their benefits andadvantages.6. Shar`ia: theocracy or normocracyWith all the above mentioned, I am tempted to assert Shar`ia, instead of establishing thepower of God on earth, demonstrates the power of the law. We are, therefore dealing with anormocracy, which introduces a legal system more rigid, and less responsive to the needs ofthe society. Such system cannot be questioned because it becomes divorced from reality. 1212 R.M. savory (ed.), Introduction to Islamic civilization (London: Cambridge University Press, 1977), p.57.Frederic N. Mvumbi,OP Page 51 of 85