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Sharia law in Nigeria
Nigeria is Africa's most populous country with
a population of 110 million, spread out over 250 ethnic groups
in 36 states. The residents in the northern states are predominately
Muslim, while those in the south are mainly Christian. Nigeria
has received a lot of news coverage in recent years because
of the strict Maliki interpretation of Sharia (Islamic) law
by courts in some of the northern states. Introduction of
the "Sharia Penal Codes" and "Sharia Codes
of Criminal Procedure" first came into force in the state
of Zamfara on 2000-FEB-27. The states of Sokoto, Kano, Katsina,
Jigawa, Borno, Kaduna followed suit between 2000-MAY and 2001-FEB.
The states of Gombe, Kebbi, Niger and Yobe adopted Sharia
law later in 2001. This triggered horrendous levels of inter-religious
conflict and mass murder. Over 2,000 people are believed to
have died in inter-religious rioting in the Kaduna state alone
during 2000-FEB. A further 500 were killed in the state of
Jos during 2001-SEP. In violation of the country's constitution,
and of the UN Convention Against Torture which the federal
government signed in 2001-JUN, some northern Nigerian courts
have imposed beheadings, stoning and amputations for what
are considered relatively minor crimes elsewhere in the world.
Executions have been occasionally performed as punishment
for behavior that is not even considered criminal in other
jurisdictions.
During 2001 and 2002, there were a flurry of persecutions
that resulted in sentences of death by stoning. Nigerian fundamentalist
Islamic groups are pressuring the state governments to prove
their commitment to Sharia law by carrying out the executions.
Olusegun Obasanjo, a Christian, is the president of Nigeria.
He received significant support from Muslims in the north
during the last election. He said that "sharia is not
a new thing and it's not a thing to be afraid of." His
main response to sharia law was to try to persuade northern
courts to make their sentences more lenient.
Some commentators have suggested that the harsh sentences
under Sharia law are being imposed as "an act of defiance
by northern leaders against President ... Obasanjo, whom they
accuse of neglect, and against the south as a whole, where
Nigeria's economic power lies. [Some] southerners accuse the
rulers of the mainly Muslim north of manipulating Islam to
divide voters along religious lines — and to distract
the people from their state governments' poor performance
since military rule ended in Nigeria three years ago."
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In 2002-MAR, the federal government ruled that sharia law
in the north of the country was was illegal under Nigeria's
constitution. Justice minister, Godwin Agabi, wrote that "a
Muslim should not be subjected to a punishment more severe
than would be imposed on other Nigerians for the same offence".
He said that the country "cannot be indifferent"
to international pressure over recent court sentences. 2
Dalhat S. Abubakar, chief registrar for the Katsina Shariah
Court of Appeal, questioned whether Islamic law is being applied
correctly in cases of sexual activity outside of marriage.
Referring to stoning sentences, he said: "Under normal
circumstances they are not supposed to do that. Adultery is
not an offense against the state."
Sharia law is not supposed to apply to Christians and other
non-Muslims. In theory, the Penal Code for Northern Nigeria
remains in effect for non-Muslims. However, Zamfara state
requires its female employees to meet Muslim standards of
dress regardless of religion. Christians and women of other
non-Muslim faiths cannot ride motorcycle taxis or share mass
transportation with men. Smaller buses are provided for women,
but they are few in number and run infrequently. 9
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According to
Human Rights Watch, "previous trials in Sharia courts
in several northern states of Nigeria have been characterized
by an absence of due [legal] process. Defendants do not
always have legal representation; they are often ill informed
about procedures and about their rights. Judges and other
court officials frequently lack legal training."
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Baobab, a Nigerian based NGO promoting
women's rights, and Amnesty International state that "the
current practice and many regulations in the new Sharia
penal Codes and Sharia Codes of Criminal procedure violate
many international human rights instruments ratified by
Nigeria, including the 'Convention for the Elimination
of All Forms of Discrimination Against Women,' the 'Convention
Against Torture and other Cruel, Inhuman or Degrading
Treatment' and the 'International Covenant on Civil and
Political Rights.' " 11
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The European Parliament passed a resolution
on 2002-APR-8 titled "Urgency Resolution on Human
Rights Situation in Nigeria." The resolution: "Condemns
all forms of religious intolerance and expresses its concern
that the fundamentalist interpretation of the Sharia law
in 12 northern Nigerian states is contrary to the respect
for basic human rights even under moderate Islamic legal
interpretations of the Koran and asks the Sharia states
in northern Nigeria to amend these laws..." 12 |
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The "Country Reports on Human Rights
Practices - 2001," prepared by Bureau of Democracy,
Human Rights, and Labor of the U.S. State Department states:
"The implementation of an expanded version of Sharia
law in 12 northern states continued, which challenged
constitutional protections for religious freedom and occasionally
sparked ethno-religious violence." 10 |
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