CONFLICT BETWEEN SHARIA LAW AND THE RULE OF LAW ON RIGHTS OF WOMEN. AN APPRAISAL
The practice of Islamic law in Nigeria by northern countries raises a number of constitutional questions, challenging constitutional supremacy. These state actions demonstrate that the federal government does not truly have the interests of its citizens and refuses to strictly enforce the spirit of the Nigerian Constitution, which enshrines unity, peace, liberty, justice and justice. shows – in Nigeria [1]. Therefore, the Constitution does not provide for discrimination. This lack of enforcement places a greater burden on women who are allegedly subject to Islamic law, especially when it comes to fair trials for women. It has been shown that a fair trial is not for women. This is one of the greatest threats to democracy, and even more so to the country’s constitution. Civil rights groups report:
Tawa Bello, an 18-year-old breastfeeding mother, was sentenced to 10 lashes after being convicted of vagabondage and prostitution in her Sharia court in her Guassau, the capital of Zamfara province. I was. This court refused to listen to her and did not offer her a lawyer[2].
Discrimination against women is institutionalized in parts of Islamic criminal law, leading to a lack of fair trial for women.
Laws that discriminate against women have two main provisions for her. The first is unequal credential weighting. Under Shari’a penal law, a woman’s testimony as evidence in a trial is equal to half of a man’s testimony, or a male witness’s testimony is equal to her two female witnesses’ testimony.
Another aspect of discrimination that may lead to poor hearing is the unequal standard of proof in the zina case. Under the Sharia law in force in Nigeria, based on Maliki ideology, women were adversely affected in these cases. Pregnancy is considered sufficient evidence to convict a woman of adultery. Sharia criminal law stipulates that four independent persons must witness the adultery before a man can be convicted. to date. This blatant discrimination in the standard of proof had serious consequences for the woman accused of Gina. It leads to situations like BariyaMagazis. Safiya Husseni[3] and Amina Lawal.[4] There have been cases of men being convicted of adultery, but their convictions were usually based on the men’s own confessions. The point is that women are highly vulnerable and suffer from this form of human rights abuse and abuse.
This paper was written to address the lack of fair hearings for women subject to Islamic law (Sharia) in Nigeria. This paper goes against the provisions of Article 36 of the 1999 Nigerian Constitution (as amended) and therefore, from the point of view of fair trial, how to treat women governed under Islamic law (Sharia). It indicates that fraud has been done.
problem
A fair hearing is very important in any legal system. It says a lot about a particular society, or badly or badly reflects a particular society that does not practice or adhere to it.
Lack of a fair hearing or non-compliance with the principle of a fair hearing, especially with respect to women in control
1. Lack of public trust in the legal system. It could lead to anarchy in the country.
2. Affect the economic development of this part of the country due to the inhumane laws that apply.
3. Devalue the power behind the Constitution. 4. Paving the way for high levels of illiteracy against women, as real intimidation takes place in their presence.
Purpose of research
In the course of this short essay, I would like to clarify the conflicting provisions of Islamic law (Sharia) in her 1999 Nigerian Constitution (as amended) regarding women’s fair hearing. We also examine to what extent it may affect regions of the country.
As a result, we examine how it hinders human development in areas of the country that do not adhere to impartial hearing practices. Furthermore, it is necessary to consider the extent to which the practice of not respecting the principle of fair hearing process for women permeates the Nigerian legal system.
Finally, to propose solutions to the need to repeal those parts of the law that are contrary to constitutional provisions relating to the subject.
Importance of research
On the one hand, this study aims to supplement the extensive literature on this legal area for educational purposes. But the work will be more valuable for Islamic law lawyers and judges. The beginning and end of a case or trial depends on how well the fair trial principle is applied. Violation of this principle invalidates the entire process, no matter how well done.
A large portion of the Nigerian population is uneducated, especially women in northern Nigeria. This research will awaken civil rights groups and non-governmental organizations to do more for human rights.
Similarly, government executives need to know how women are treated in the north of the country and what can be done about this situation.
In order for legislators to know the laws that are not related to the Constitution and to see how those laws could be amended to reflect the spirit of the Constitution.
And finally, I want the general public, especially northern women, to know the reality they have to navigate in front of them and the possible ways to deal with that reality. scope of research
This work addresses the unconstitutionality of Islamic law in Nigeria, particularly in relation to the lack of a fair hearing for women governed under Islamic law in Nigeria. This includes investigating specific cases in which Islamic courts violated the principles of due process that weigh heavily on women.
research method
In procuring the materials for this work, the law library provided me with a wide variety of opinions and arguments from various Islamic jurists, advocates, and civic groups, which was very helpful in procuring the material. It was helpful. A book written by a Nigerian writer turned. Also, given the computer age, the Internet must have been very useful because of the wealth of material available as online articles.
Literature review
Related works do not directly discuss our topic however, various authors have expressed their opinion on their articles on issues of fair hearing towards women who are governed under Islamic law.
Ikenga,[5] is of the view that, the Quran reveals the general tradition imposed on all testamentary evidence in Islam that, the evidence of a woman is half the evidence value of one man. The verse states [6] “when you contact a debt for a fixed period, write it down… and get two witness out of your own men… and if there are no men available, then a man and two women, so that if one of them errs, the other can remind her ….”
However, from the foregoing verse, it can be seen that this evidentiary rule is primarily restricted to cases of business transactions, civil debts and contracts. It is true that as lacking in experience and requisite skills, however, this practice is still in force in the modern society such as the Nigerian society.
Ikenga is of the view that this Islamic practice in the aforementioned verse is still being practice and it is in at variance with the provision of the section 42 of the constitution which[7] state;
“A citizen of Nigeria of a particular community, ethnic group, place of origin, sex, religion or political opinion shall not by reason only that he is such a person
a. Be subjected either expressly by or in the practical application of, any law in force in Nigeria or any executive administrative action of the government, disabilities or restrictions to which citizens of Nigeria of other communities, ethnic group, sex,religions or political opinion, are not made subject to”.
Also section 17 (2) (a)[8] which states
“In furtherance of the social order every citizen shall have equally rights, obligations and opportunities before the law”.
He further opines that, by extrapolation, this practice perhaps degrades the human status of women folk alberts by making two women equal to one man. Hence, this unfair gender equation collides with the provision of section 34 of the Nigerianconstitution which states that no person shall be subject to degrading treatment. He further said that besides, Nigerian adjectival law regard everybody as equal irrespective of gender as a competent witness in court proceedings except, in the consideration of the court, one is prevented from understanding the questions by reason of tender years, extreme old age, diseases whether of the body or mind, or any other cause of the same kind[9]. Ikega concluded by pointing out that nowhere does judicial ruling be based on gender, but today in Nigeria, sharia courts argue that two women are equal to one man. This is also a legal requirement of some Sharia criminal law.
With respect to the procedural torts of sharia courts,[10] women have always been victims of justice in all the notorious criminal cases handed down by sharia court judges for adultery or fornication (jeena) since 2000. he thinks. As stipulated in Article 36 of the Constitution. Among other things, these constitutional or procedural guarantees are fundamental rights of defendants before, during and after trial. Thus, in the cases of State vsSafiyatuTudis[11] and State vsAminaLawalKurami[12], procedural guarantees were not honored.
Simeon Emakis[13] believes that women in northern Nigeria face severe discrimination. First, Sharia assesses a woman’s testimony or evidence in a district court. Second, the punishments imposed by Sharia courts in cases of adultery discriminate against women[14]. She also complains about the false impression that a person can commit adultery.
Finally, she calls on all States parties to take appropriate steps to amend or repeal such discriminatory laws. Izabazza[15] believes that there are specific or direct laws protecting women’s rights and existing laws are insufficient. She further regretted that even the laws establishing basic rights [16] were unknown to most women. It concludes that the law has not been enforced.
Definition of terms
Islam
Islam is considered her one of her three main religions in Nigeria, and adherents predominate in the north. His teachings are based on the Koran, the life of Muhammad, and other sources (Ozigbo 1988:
2). Followers of Islam are called Muslims. This is the active form of the same verb whose infinitive is Islam.
Shariah
Sharia is an Arabic word that literally means ‘a place to drink’ or ‘a path leading to a watering hole’ (Ubaka, 2000:
11, Kenny, 1986:
20). That is to say, Muslims claim that Shariah is the basis not only of earthly life, but also of eternal life, as water is seen as the source of life. Farlex (2009) describes the sharia as a code of laws derived from the teachings and examples of the Qur’an and Muhammad. Johnson (2009:
) expands the meaning of Shariah, which was “influenced not only by Islam and the Quran, but also by Arabic traditions and early Islamic scholars.” In this paper, Shariah is understood as the rules of conduct drawn from various sources in Islam and codified into a code of law by competent legislators with the intention of enforcing them through state apparatus. It is understood similarly to Islamic law as interpreted by the Maliki school of Islamic jurisprudence, which is the only accepted version of Islam in Nigeria.
Gina:
Islamic law governing illegal sexual relations between unmarried Muslims. This includes extramarital and premarital sex such as adultery, fornication and homosexuality. The Quran deals with Zina in several places. The first is the general rule of quarantine, which orders Muslims not to rape Gina. Qur’an, Surah 17 (Al-Sila) Ayat 32 says, “Fornication/adultery shall not come near.
It is shameful and evil to pave the way (to evil). ”
[1] Preamble to the Constitution of the Federal Republic of Nigeria 1999 (Amendment)
[2] Contrary to Article 36 of the Constitution of the Federal Republic of Nigeria
[3] (Unreported) Case No. USC/GW/CR/FI/10/01; Judgment of September 11, 2001
[4] (Unreported) Bakori Sharia Court, Katsina State Judgment, Promulgated 20 March 2002, Case No. 9/2002.
[5] Oragnam, Ikenga. Ke Criticism of certain aspects of Islamic law in Nigeria:
Review of case law on women’s rights. p.10
[6] Quran 2:
282
[7] FRN’s 1999 Constitution (Amendment)
[8] FRN’s 1999 Constitution (Amendment)
[9] Evidence Act 2011 § 175 para. 1
[10] Footnotes 10 Challenging Pages 12
[11] Above
[12] Above