Sharia and national development
BY
Nigeria is notable for her richness in human, mineral and material resources. It has been observed that her failure in the area of national development could be traced to lack of good leadership.
The present Sharia issue has further exposed the weaknesses and limitations of those who have the God-given privilege to occupy the position of leadership in our nation.
A simple display of honesty and sincerity on the part of our religious and political leaders would save our society from further destruction of relationships, lives and property. How do we explain the ungodly character and activities of those who claim to be pro-Sharia Muslims who murdered innocent, godly citizens contrary to the right way of the Almighty God? What justification has the so-called Christian leaders for their opposition without giving a balanced, scriptural view on the subject?
The issue of Sharia has presented us with a challenging task of examining the genuineness or otherwise of our faith in God and the basis of our belief, vis-à-vis the resultant character and life style.
Defining Sharia in Microsoft Encarta ‘ 98 Encyclopedia, Maysam al Faruqi wrote that the word Sharia is a term in Arabic language, which literally means "the way". It is "a term that refers to the body of laws and rules that regulates Muslim life. These laws are an expression of God’s will, according to Muslim belief, although derivation and application of the laws depend on interpretation by jurists-that is, leaders versed in Islamic law. Thus, while only one Sharia exists, it is expressed in legal interpretations, or fiqh, and there can be many schools of fiqh. Although some commandments are clearly enunciated in the Koran, the sacred text of Islam, jurists must derive most of them along the principles of a methodology known as the science of the law or usual al fiqh".
Did Sharia originate with the advent of Prophet Mohammed or has it been in existence before him? Was Sharia given by Mohammed to regulate Muslim life as they follow his teachings? Was Sharia known in other languages than Arabic and among other religious people who are not followers of Prophet Mohammed?
The mention of the word Sharia in Nigeria today will elicit different responses from different persons. Words have power and words are symbolic. Words represent reality to the person using them. Language shapes the way we think and speak and language consists of words and rules for putting words together.
We have learned that words come to have meaning through symbolization. Such meaning is often arbitrary, learned, and unique to the individual. In communication, words are more than symbols. They are stimuli that evoke responses.
We must comprehend the strength and the problems inherent in using language if we would improve our communication behaviour at the interpretation and public levels.
Words have meaning that we project into them. It has been said that meanings are not in words but in people. Each person’s own experiences will therefore affect the projection of unique personal meaning for any given word. We will avoid miscommunication when we realize that meanings are in people, not in the words.
Our perception of reality and the world around us is determined in part by the thought processes we use. These thought processes are also determined in part by the language system we have learned.
The ancient Hebrews have Torah as equivalent of Arabic Sharia.
In the Old Testament period, law has as its object the main tenancy of life in community. It would appear at first glance in the Old Testament, the Pentateuch. However, its actual meaning is not "law" but "instruction", "Guidance", or "direction". Torah is that which points the way for the faithful Israelites and for the community of Israel. It is also necessary to know that not only the law in the Pentateuch termed "Torah" provides guidance but also the entire story of God’s dealings with mankind and with Israel points the way. However, one may not gain an adequate understanding of law in the Old Testament period if only the term "Torah" is considered.
Another Hebrew word which is synonymous with Arabic Sharia is Derek. It literally means "a road" or "a path". Figuratively, it means "a course of life or mode of action; custom". As a metaphor, Derek means "course of living and acting" or "mode of action pleasing to God".
Interestingly, we have discovered also that the Greek hodos is a word with similar meaning metaphorically as the Arabic word Sharia. Literally, it means "the way or path of life". According to the familiar figure of speech, hodos in Greek languages denotes "a course of conduct, a way (i.e. manner)of thinking, feeling, deciding; a way of living or acting". The word refers to the purposes and ordinances of God and His ways of dealing with man.
To the Greek worshipper of God, hodos is a way of living or acting, a course of acting approved by God; the mode of true and genuine worship of God.
We can therefore propose here that what Sharia means to an Arab worshipper of God, Torah or Derek means the same to the Hebrew worshipper of God and the Greek worshipper will say hodos describes the laws as an expression of God’s will to him.
The ancient Hebrew extolled the practice of and obeying God’s law as the way of life. God Himself is the source of Man’s life and God’s command therefore is the source of Man’s life.
The colonial masters in the pursuit of their selfish ambitions had forcefully brought their own language, culture and religions to our forefathers in Nigeria. The struggle between the so-called Muslim North and Christian South had its foundation laid by the European and Arabian colonialists. The Europeans came with English language and Christian religion while the Arabs countered with Arabic language and Islamic religion.
The root cause of the present Sharia crisis in Nigeria could be traced to the seed sown by those colonialists.
Should Sharia be elevated from Islamic personal law to an alternative legal system for the State?
The slow process of application of the English common law has been adduced as a reason for the demand of the Islamic legal system.
Reference has been made to cases of thieves, robbers and other criminals caught in the acts, which our legal system would describe as suspects who have allegedly committed the act. The prosecution of such cases can go on for about ten to fifteen years without any justice in the end.
There is no doubt that our judicial system can be frustrating and demoralizing. Notwithstanding the above reasons, the English common law could serve the generality of the multi-ethnic people of Nigeria better than the Islamic legal system.
Some have argued that the common law should be rejected because it had its root in the Western Christian culture. They consider it beneficial for the advancement of Islamic course when they attack and reject anything that originated from Christian West. The prejudice against Georgian calendar had resulted in the introduction of Islamic calendar year.
We should ask ourselves, however, how much of the modern civilization and development will remain if we could take away the contribution of the Christian West?
The foundation of other benefits of civilization such as the miracle of printing press, electricity, democracy, management principles, doctrine of fundamental human rights and many more could be traced to the Christian world.
Although we are neither Europeans nor Arabs, we are Nigerians by God’s sovereign design and the same God created all of us. We shall give account of our sojourn on earth to Him someday. We have common destiny as Nigerians. Let us shun these political manipulations, religious and ethnic hostility which have robbed us of meaningful progress.
It is time for all God-fearing progressive Nigerians, especially our Muslim friends to shun the path of religious bigotry and become proactive. Let us fully embrace the modern democratic system of civil government and preserve the secularity of our multi-ethnic and multi-religious country to guarantee peace, progress and prosperity in the land.
Those who claim that our judicial system is Christian cannot provide enough ground to show that it is unfavourable to the Muslims. We have both Christians and Muslims as our judges and lawyers in the courts. The offices of the Chief Justice of the federation and of the states are being occupied by devoted Muslims as well as Christians.
Let us embrace true godliness and give peace a chance for the much needed stability, security and genuine development.
Mr. Ajagu is chairman, Citizen for Righteousness & Social Justice, Lagos.