Conference Report:

The Implementation of Shari‘ah in a Democracy:
The Nigerian Experience
July 2004

The Center for the Study of Islam and Democracy (CSID) held its first conference on “Shari‘ah and Democracy” at the Sheraton Conference Center in Abuja, Nigeria from July 7 through July 9, 2004. Over 300 people attended the opening session, chaired by Nigerian Chief Justice Muhammad Lawal Uwais. The special Guest of Honor was the Vice-President of Nigeria, Atiku Abubakr, represented by Dr. A. D. Yahaya. In addition, the Governors of Kano State, and Zamfara State also delivered keynote addresses. Several other prominent guests were in attendance during the opening session, including several prominent Qadis (judges) and a good number of academicians and civil servants.

Professor S. U. Abdullahi, Vice Chancellor of Ahmadu Bello University in Zaria gave the welcoming address on behalf of the Centre for Islamic Legal Studies, CSID’s local Nigerian partner for the conference. Dr. Radwan Masmoudi, President of CSID, then welcomed the guests and spoke about the need to reflect critically on Nigeria’s experience with Shari‘ah. He called for open discussion and for intellectual examination of Shari‘ah practices in Nigeria.

In his welcoming remarks to the gathering, Chief Justice Muhammad Lawal Uwais summarized the purpose of the three-day event: “This conference is concerned with the implementation of Shari‘ah in a democracy, and in particular, in Nigeria. Without a doubt, Nigeria is a democracy. Although there are countries like Indonesia and Malaysia that are democratic, most Muslim countries do not practice democracy. So Nigeria presents an interesting story. Shari‘ah has been in Nigeria for many years, even before colonialism. With the coming of democracy in 1999 and the declaration of Shari‘ah, a lot of interest has been shown on the implementation of Shari‘ah. Some of this attention has been positive and a lot has been negative. This conference will examine the difficulties of this implementation.”

In his address, the Governor of Bauchi State raised a set of intriguing questions: “In the light of globalization, how do we determine the limits within which we will implement Shari‘ah so that non-Muslims are also accommodated for? How do we evaluate the changes in Shari‘ah without losing our distinct identity as Muslims? What practical steps can we take? Shari‘ah does not only apply to the weak and poor, while we turn a blind eye to the rich and the powerful. How can we create a spiritual policeman or a spiritual judge?”

The conference sessions that followed included panel sessions, round tables and working group discussions. Each session consisted of at least four presentations by academics, community activists, policy makers, or government officials giving presentations on various aspects of Nigeria’s experience with Shari‘ah, followed by a special discussant and floor discussion.

The Meaning of Shari‘ah

The first working session concerned the meaning of Shari‘ah. The Imam of Kano opened the session with a prayer and a welcome greeting from the people of Kano. Malam Ibrahim Sulaiman of CILS spoke about the meaning of Shari‘ah. Dr. Abdul-Aziz Sachedina, Chairman of CSID, gave a PowerPoint presentation titled “The Role of Islam in Public Square: Guidance or Governance”, in which he spoke of Shari‘ah as a vehicle to strengthen and improve human relations: “It is important to keep in mind that Islam did not come into the vacuum of other religions. Islam came into being when there were other religions already in existence. Islam is relationships. There is an ethical component that is extremely important. Modernization has weakened human relationships. Implementation of the Shari’ah means to improve human relationships at every level.”

Dr. Mohamed Habash, an Islamic scholar from Syria, spoke about “The Concept of citizenship in Shari‘ah”. After him, Professor Malam S. Abubakar of CILS spoke, arguing that before we understand Shari‘ah, we need to understand what religion is. He also criticized the US position on Nigeria, saying, “The Prophet came to bring about a change not only for his time but for all times. So for us the issue of the Shari‘ah is a matter of responsibility.” Justice A. Orire, Secretary General of J. N. I. Kaduna, was the discussant of the session. Following his remarks, the discussion was open to the floor for comments and questions and an exciting and lively debate ensued.

Shari‘ah and Good Governance

The second session concerned Shari’ah and Good Governance. It started with a presentation by Dr Sulaiman Kumo on “Shari‘ah issues in Nigeria: Politics and Legal Technicalities.” Syed Mostafa Qazwini, director of the Islamic Educational Center of Southern California, Los Angeles, spoke on “Shari‘ah and Good Governance”: “We in America enjoy freedom that we were deprived from in our native lands, especially freedom of religion and freedom of expression. And although we do not implement Shari‘ah, we implement the spirit of Islam which believes in freedom and equality. We enjoy the best relationship with the people of the book and this is because we believe in the sanctity of human beings.” Justice Mohamed Bashir Sambu spoke critically of the discourse on Shari‘ah and Democracy, saying that while there is always pressure to conform Islam to democracy, there is very little effort to see if democracy can conform to Islam. He said: “Has anyone heard about divine right? They will not speak about it because everything in the UN is based on man-made laws. Human rights, animal rights—these are all in Islam. You preach laws belonging to other nations but they forget divine laws? We can see how Islam is being changed for no reason.”

In a moving paper presentation on “Shari‘ah and Nigerian Legal System”, Professor Awwalu Yaddu of Bayero University stated four facts about Shari‘ah in Nigeria:

1) That Shari‘ah was introduced by popular demand;
2) The military did not implement Shari‘ah;
3) The Shari‘ah law is constitutional;
4) the Shari‘ah is implemented within the context of the federal government but not directly by the national government.”

Dr. Usman Bugaje, the Chairman of House Committee on Foreign Affairs, was the discussant of the presented papers. He said that some presentation were lacking depth and were merely ceremonial. During the question and answer session that followed, many participants offered their candid criticism of the speakers and the issues

The Ambassador’s Reception

The newly arrived US ambassador to Nigeria invited the conference participants to a reception at his residence where the participants spent a fruitful time with Ambassador Campbell and his staff.

Shari‘ah, Women and Minorities

The second day of the conference started with a panel on Shari‘ah, women and Minorities. The speakers addressed the important topic of Women’s Rights in Shari‘ah. Professor Margot Badran of Northwestern University presented her paper on “The Ongoing Tafsir on Men and Women: Constructions and Practices of Democracy and Social Justice”. She said that while we tend to think of the women’s rights movement in Islam as a result of Islam’s intersection with modernity, there have been strains with the Islamic community calling for greater women’s rights since Islam’s beginning. Saudatu Mahadi, Secretary General of WRAPA, Abuja addressed the issue of “Women and Shari‘ah”. Dr. Philip Ostein of the Faculty of Law, University of Jos, addressed “The Implementation of Shari‘ah in Democratic Nigeria: A Plea for Deeper Study of Its History”. The Sudanese Thinker Muhammad Abulqasim Haj-Hamad called for the critical evaluations of Shari‘ah treatment of women and for freeing the laws of Arab tribal traditions and biblical influences that do not have a firm basis in the Qur’anic viewpoint. Several Nigerian women rights activists also commented that while Shari‘ah does give equal provision to women, often the implementation does not.
The challenge to Nigeria, they said, was to implement the “true”
Shari‘ah.

Shari‘ah: Rights, Economy and Society

Following a lunch banquet, the afternoon session started with a presentation by Professor Mohamed Al Hasan Biraima, director of the Institute of Islamization of Knowledge, University of Gezira, Sudan, who addressed “The Role of Freedom in True Implementation of Shari‘ah Goals”. Those goals (maqasid al-shari‘ah) are for the securing of “self, wealth, children, and the mind (knowledge).” He said that we may focus on the detailed legal aspects of Shari‘ah, but Shari‘ah law must also encourage people to be better Muslims. Professor Aminu S. Mika’ilu, the former Vice Chancellor of Danfodio University, Sokoto, spoke on “Shari‘ah: The Socio-Economic Perspective”. He spoke of three requirements:

1) The system must be free of interest (riba).

2) In addition to eliminating riba, it is necessary to build institutions for collection of zakah. This was responsible for most of the failing implementations of shari‘ah in Nigerian states. Such a system would require a significant amount of resources in the beginning, but will be immensely beneficial to all in the end.

3) States must, in implementing Shari‘ah, bear in mind their duty to ensure full employment. “In the states that practice Shari‘ah, you find the highest level of unemployment, illiteracy and disorganization.”

Professor Muhammad Tabiu of the Faculty of Law, Bayero University, Kano addressed “Shari‘ah and Human Rights”, Malam Salisu Shehu of the Faculty of Education, Bayero University addressed the issue of “Shari‘ah, Education and Social Orientation”. Professor TijaniAl Miskin of the University of Maiduguri initiated the discussion. The participants then engaged the speakers in a hot debate.

The Impact of Shari‘ah Implementation

The last panel session was about the impact of Shari‘ah implementation. Professor Ishaq Oloyede, Deputy Vice Chancellor for Academic of the University of Ilorin, presented his paper on “Private Implementation of Shari‘ah in Southwest Nigeria”. Malam Muhammad Babangida Muhammad presented a paper on “The Impact of Shari‘ah Implementation”, Hajiy Bilkisu Yusuf addressed the issue of “Media Reporting about Shari‘ah”. Dr. Baffa Aliyu Umar of the Department of Sociology, Bayero University presented a paper on “Socio-Economic Impact of Shari‘ah Implementation in Nigeria”. Muzamil Sani was the lead discussant of the session.

Working Groups

The conference participants were divided into the following five working groups:

1- Politics and Good Governance
2- Economics and Finance
3- Women’s rights
4- Justice, Legal System, and Punishments
5- Minority Rights

The participants spent five hours in these workshops. During these discussions and brainstorming sessions, participants made recommendations in light of the conference panels and discussions. The groups adopted several recommendations and suggested some proactive steps for follow-up after the conference.

The Banquet

Dr. Usman Bugaje was the Keynote speaker at the conference banquet. Aly R. Abuzaakuk, CSID’s program officer and a friend of Dr. Bugaje, introduced the speaker as an enlightened Muslim whose concerns extended beyond Nigeria to include the world at large. Dr. Bugaje gave an illuminating speech in which he touched upon the role of Muslims living in a global world and emphasized the following points:
1- The need for communication between Muslims and non-Muslims and between Muslims themselves
2- Muslims should understand the context in which they implement the Shari‘ah
3- Muslims need to develop a thorough understanding of the Shari‘ah
4- Muslims should equip themselves to face the challenges of the twenty-first century.

Field Reports on the Impact of Shari‘ah Implementation

The final session, on the last day of the conference, consisted of presentations on four field reports from the states that implemented Shari‘ah. These presentations were made by Dr. Y. Y. Bambale, Mal. Bala Babaji, Mal. M. Shu‘aibu, and Mal. Yusufari.

The Final Communiqué and Recommendations

The recommendations from the working group sessions were the bases of the conference communiqué which was presented along with the group reports on on the final day of the conference: Friday, July 9, 2004.
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Last update: 2004-08-15 | webmaster@islam-democracy.org

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