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Amina Lawal. Born in 1973 in Kurami, Katsina State, Nigeria. 50% of the population are Muslims 40% are Christians and the last 10% are Animist. She was married when she was either 13 or 14 years of age She has three children through her husband and then a fourth child.
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Amina Lawal • Born in 1973 • in Kurami, Katsina State, Nigeria
50% of the population are Muslims • 40% are Christians • and the last 10% are Animist
She was married when she was either 13 or 14 years of age • She has three children through her husband and then a fourth child
March 22, 2002- She was charged with the crime of adultery under Shar’ia law • She was found guilty of bearing a child out of wedlock • The punishment: being stoned to death • Sentence was to be carried out on June 3, 2002 but the sentence was suspended (so she could care for her child until he was two years old)
Amina was convicted under a new set of Sharia laws which were introduced to regions of Northern Nigeria starting in 1999
Sharia Laws were previously only used for personal and civil laws, not criminal cases such as Lawal’s
September 25, 2003- the sentence was overturned • On the grounds that both her confession and the evidence were not legally valid Amina and her Lawyer
Statistics • Literacy Rate: Females = 59.4% Males = 74.4% • Fertility Rate = 5.8 births/ woman • Women’s Right to Vote & Stand for Election = 1958 • Women in Government: Seats in Parliament occupied by women = 6.4% in lower house & 3.7% in upper house
Women & Islam • “the relationships of women and Islam are myriad- these include their roles as participants, as pious and devoted daughters, wives, and mothers and as practitioners of the rites and behavior which they perceive as incumbent on a Muslim. The relationships include also the ways in which women can apply, insist upon or evade particular religious and/or social constraints or imperatives, depending again on how they or significant others define these actions or expectations. Islam has often been described by its followers as being a way of life, a blueprint for action as well as for belief. How these are viewed or interpreted often varies, depending on context and culture, and on civic and ritual authority, including the authority of those tending or intending to interpret or pronounce on particular issues or ideas.”
Primary Role as Caregivers • As Wives, Mothers, Companions • Childbearing • Finances • Division of Tasks • Struggle to fit career aspirations • Feminization of Poverty
Marriage • Religious and Societal expectation • Early Marriage • Woman’s Choice • Marriage Costs and Gifts • Family Size • Divorce
Female Seclusion • Elements of Religion, Culture and Status • Total Seclusion, Partial Seclusion, Seclusion of the Heart • Strictness of Seclusion • Separation of Public and Private Spheres • Accommodation, Evolution & Negotiation
Education • Priority to Males • “Educate women and you educate your nation” • Education as a Luxury • Conferring a Higher Status • Access to wage-labor, economic autonomy, social freedom
Occupation • Distinction from Conjugal Roles • Retaining Profits • Women in Seclusion • Economic Activities- Light Work & Heavy Work • Production for immediate consumption
Women’s Status cont’d • Inheritance & Property Rights • Violence Against Women • Subordination, Dependence & Inequality?
Constitution & National View on Women • Rights & Freedoms guaranteed to all • Constitutional ‘double-speak’ and religious politics • National Policy on Women (NWP)
What do Nigerian Women think? • Clash between religious principles and secular development • Natural Order • Eager for change, but accepting of convention • “We Muslim women can walk into the modern world with pride, knowing that the quest for dignity, democracy and human rights, for full participation in the political and social affairs of our country, stems from no imported western values, but is a true part of the Muslim tradition.”
Gender Inequity • “although it is difficult separating the Hausa and Islam patriarchal structure, the reintroduction or politicization of Shari’a in Northern Nigeria has contributed in reinforcing traditional, religious and cultural prejudices against women.” – quote from Nigerian Activist
Gender Inequity cont’d (Claims of Women’s Rights Activists) • Absence of Women in Judiciary • Weight of Testimony • Standards of Evidence • How they pertain to Lawal • Discrimination in day-to-day life
Men & Shari’a • Still subject to the law- fines, imprisonment, floggings, amputation, stoning • No victimization by media • Equally affected by many other injustices cited by critics of Shari’a
Fundamentalism or Misapplication? • Gender oppression as one element of bias • Zakkat & responsibility toward the poor • Maliki school of thought- selectivity & the ‘Sleeping Embryo” • Faulty Interpretation that causes discrimination
Constitution & Freedom of Religion • Differences in Interpretation between advocates and critics of Shari’a • Separation of Religion and Politics • Impact on Non-Muslims • Complaints of Non-Muslims
Nigerian Application & Inconsistencies with Classic Shari’a • Politicization of Shari’a • Disregarding the Fundamental Principles- compassion, responsibility, forgiveness • Hurried implementation • Public knowledge of rights and procedure
Legal System & Human Rights Abuses • Right to Fair Trial & Legal Counsel – specifically in Lawal’s case • False claim that Shari’a courts do to recognize lawyers • Time of Lawal’s offense & trial • Presumption of Innocence • Confession • Use of Torture & Pressure by police and officials • Inadequately trained judges
Constitution & Human Dignity • Section 34: (1) Every individual is entitled to respect for the dignity of his person, and accordingly: • no person shall be subjected to torture or to inhuman or degrading treatment • no person shall be held in slavery or servitude; and • no person shall be required to perform forced or compulsory labor
Regional & International Agreements • Universal Declaration of Human Rights • African Charter of Human and People’s Rights • International Covenant on Civil and Political Rights
Debates over Definitions of Dignity & Torture • Semantics & Phraseology • What constitutes a violation of dignity, torture? • Rights of Criminals • Constitution permits death penalty • Appropriateness of Punishment (Human Rights Activists)
Main Concerns of Nigerian Activists in Lawal case • Impregnated before Shari’a took effect • Denied legal counsel • Offense not explained • Confession • Little focus on Gender Oppression
Effectiveness of Local Action • International Community- reproducing negative, misinformed stereotypes • Capacity of local organizations & strengthening local resistance • Use of Appeals Court
Women’s Organizations • BAOBAB for Women’s Human Rights: aid to Lawal, objectives & strategy with Lawal’s case • Women Living Under Muslim Laws (WLUML) • Women’s Aid Collective (WACOL)
Strategies of Women’s Groups • Challenges to the Constitution, other documents & pressuring govt. to adhere to them • Using the Legal System & Appeal Courts • Revisiting tradition and social relations • Women’s Empowerment
Sharia Law and the Nigerian Constitution • Both strong supporters and opponents of the Sharia reforms have often invoked the authority of the constitution to back their differing positions • Sharia first proclaimed in Zamfara State on October 25, 1999; 11 Northern States followed
Legal/Constitutional Background • Before Sharia “personal” or customary Islamic Law was in place, limited to matters such as marriage and succession • Colonial legacy of British important to look at • Imposed British common law which replaced customary laws of Nigerians • As a form of accommodation, British allowed some customary law traditions to continue
Legal/Constitutional Background • Used the British Criminal Code for criminal conduct; North especially resisted this • Compromised with “Penal Code” for Northern Nigeria, which took Islamic principles into account – still not fully accepted • Governors and their supporters wanted to restore Sharia to its “pristine purity, shorn of baggage” • Should local issues surrender to the guidance of a constitutional democracy? Yes is the consensus, but why hasn’t the government tried to determine whether the implementation of Sharia is constitutional?
Constitutionality and Federal Structure • Section 1 of the constitution: it “shall have a binding force on all authorities and persons throughout the Federal Republic of Nigeria” • If a law is not consistent, the constitution “shall prevail, and that other law shall to the extent of the inconsistency be void” • under federalism, federal and state governments share the power to make laws relating to offences and crimes
Constitutionality and Federal Structure • Constitution says that states can have criminal jurisdiction if under written law; argue that states just need an Islamic Code of Crimes under legislative powers in order to have this power • Nigeria as a federal state is responsible to make sure the laws of the various levels do not conflict with the constitution • Issue: apostasy - Sharia law sentences death but constitution states that citizens have “freedom to change religious beliefs” • Evidence is also seen as controversial under Sharia Law • Police Services – centralized under Federal control and under constitution, no state can legislate for the establishment of their own state police branch • Therefore, we’ve seen the emergence of vigilante groups known was the “Hisba” or Sharia police and the issue of overzealousness and abuse of power has arisen
Constitutionality and State Religion • Section 10 of the constitution: “States shall not adopt any religion as State Religion” • Supporters of Sharia argue that Section 10 does not use the term ‘secular’, so religious law can be implemented and it does not qualify as state religion • Argue that Sharia is simply “legislative borrowings from a religious code” • Others believe the wording of Section 10 means the same thing as “secular” and some think that the states have adopted a state religion in violation of the Section since they have established Sharia courts and government functions in conjunction with the principles of Islam • Ministry of Religious Affairs and a Preacher’s Council allegedly mobilize support for Islam
Constitutionality and State Religion • Many argue that using Sharia for civil and personal law is just in a secular society while criminal law is a not, since it entails extensive state involvement • Section 38 of the Constitution: rights of all citizens to manifest and pursue religious beliefs in worship, practice, and observance to bolster their point of view • Both sides use it to support their view on Sharia • Discrimination towards non-Muslims is a major concern, as some say that Sharia is being used as a vehicle to promote Islam
Constitutionality and Judicial Structure • States can establish courts that subordinate jurisdiction to a federally based High Court • Section 275 of constitution outlines functions of Sharia court of Appeal but only in terms of Islamic personal law; criminal/penal law not mentioned • Sharia Court of first instance in a state would have criminal jurisdiction, while constitutionally, a Sharia Court of Appeal only competent to decide civil appeals • Constitutionally, nowhere established for claimants to go from here, whereas from State High Courts they can go up to the Court of Appeal federally • Offences of Penal Code go to the High Courts, so under Sharia, High Courts lose jurisdiction while Sharia courts gain • Is this legitimate? And should Sharia courts be given allowed criminal jurisdiction under the status quo?
Sharia and Constitutional Rights • some afraid that Sharia states will be setting up Muslim-only Islamic schools, make special transportation arrangements and provide public and social utilities that would segregate men and women – contrary to constitution which outlaws discrimination • also afraid that non-Muslims might be told to leave by the law • right to a fair trial questioned; Lawal’s case, for example, didn’t follow these principles – guilt emphasized before trial began; not given full protection of law
Sharia and Constitutional Rights • Adultery – misdemeanour under Penal Code; Penal Code also allows flogging and death penalty for those who commit homicide • Other penalties like amputation, stoning, lashes are said to violate constitutional and human rights of human dignity and right not to be subjected to torture/inhuman and degrading treatment • Discrimination of Muslims since facing harsher penalties than non-Muslims
Obsanjo’s Government and Sharia • Obsanjo: “Sharia is not a new thing and its not a thing to be afraid of” – federal gov’t will not dispute rights of sates to use it • Government has provided contradictory statements on Sharia • Has tried to deal with it through compromise, encouraging states to modify sentence but hasn’t been pressuring states to comply • On Lawal: “under no circumstances will such punishment be carried out in Nigeria, because we have a system of appeal in our courts that will carry this to the highest court of appeal in the land...” “we are practicing a federal form, a federal system of government in this land and we deliberately went for a federal system because of our diversity…anybody who wants to try to impose a unitary form of gov’t in this country will destroy (it) overnight.” • critics worry about low-profile or poor accused criminals that do not have the resources to make a federal appeal
Obsanjo’s Government and Sharia • Federal government has both domestic and international obligations that could come under scrutiny and reprimand as Sharia is seen by many to violate these commitments • some argue that Sharia should be subject to constitutional review • Obsanjo is Christian and can easily be accused of discriminating if he takes this action; government is not inclined to test validity but only they have the power to do it • Progress on the issue will be challenging without a genuine commitment to preserve national unity and willingness to compromise • Kano state wants to change constitution so Islamic Law is supreme over constitutional provisions • Sharia proponents argue that law of God claims constitutional superiority and that they can’t accept constitutional supremacy
