Joining hands in peace

Sharia law and Nigerian unity

Theresa Adamu

From May 1967 to January 1970, Nigeria was convulsed by a civil war in which thousands of people died. Potentially as serious are the current religious conflicts in some of the northern states of the nation.¹ The recent history of Nigeria has been characterized by tensions between Muslims (50% of the population) and Christians (40%), often leading to violent outbreaks. It has been observed that the story of religion in Nigeria is largely the story of the failure of the Nigerian political elite, which has less interest in real religious practice than in its own survival.²

This article will focus on the religious situation in Nigeria and in particular on the impact of Sharia on Christian-Muslim relations, as several northern states have adopted this system of law.³ It will again place before the church the urgent need to join hands in peace so that all may have life in fullness. Some efforts on the part of the church to promote good relations between Christians and Muslims will be noticed.

The religious situation in Nigeria

The adventure of the Wangarawa traders of Mali in bringing Islam into Nigeria via Kano in the 14th century was patterned after the Egyptian experience. Trading was a chief means, followed by migration of aliens in search of pasture for their herds. Scholars and clerical families also carried the religion along with them, as they set up schools wherever they settled. Another major pattern was the conversion of the elites - traditional rulers, or those whose wealth or education gave them influence or authority. Jihad and conquest also played a major role where persuasion and subtlety were not effective.

The new religion brought with it simplicity and elasticity in its creed, and Islamic jurisprudence or law. The level of tolerance allowed in practice meant that people could combine the new faith with their existing beliefs. There was also a boost to education, resulting in enlightenment and good morals for the young. It should be noted however that Islam's success was achieved mainly as a result of the economic and political status it conferred on adherents.

Today, Islam is not only entrenched in Nigeria but is resurgent, bringing violence in its wake. The subtle ways it extends itself today are through political party support, funding of community projects, establishment of newspapers and schools and expansion of economic influence in commerce and trade.

The Islamic resurgence is also known as the "revival" or "reawakening". It emerged in Nigeria as a result of the reawakening in other countries. It was brought about by the need to cleanse Islam of syncretism, to take it to areas unevangelized, and to allow Islam and its adherents to take their "proper place" in the political, economic and social life of their country. The reawakening was also meant to fight corruption, injustice, and oppression of the poor. With the resurgence came the call for the implementation of Islamic Sharia law in the Nigerian constitution and later in various states.

Sharia law and its impact on Christian-Muslim relations

Sharia has always been a source of conflict between Muslims and Christians in Nigeria. As Islam was being introduced into northern Nigeria in the 14th century, Muslims applied the Islamic law - Sharia - to their everyday lifestyle. They had to do so. Sharia is what makes Islam Islam.

With the advent of British rule, the Muslim legal system was disrupted. ARI Doi observes that "the ascendancy of Sharia lasted in Nigeria until the coming of the British."⁴ The Sharia courts, though maintained, were under the supervision of the Europeans. In line with colonial policy, the British established a Muslim court of appeal in 1956, which was empowered to deal with matters of Muslim personal law only. This court was renamed the Sharia court of appeal just before independence in 1960.⁵ We may see this action as the origin of the Sharia debate in northern Nigeria.

Ever since Nigeria became independent, Muslims have argued for the indispensability and supremacy of Sharia law. Christians have expressed their fear that introducing Sharia will undermine freedom of conscience, freedom of speech and other civil rights, and bring about total stagnation. There is also concern for the gradual death of the Christian ministry.

At independence, on the recommendation of a minorities commission,⁶ the whole legal/judicial system in the north was re-examined. The 1979 constitution of the Federal Republic of Nigeria allowed each state to have a Sharia court of appeal if it so wished. Muslims also demanded a federal Sharia court of appeal, in addition to the state courts. The constitution drafting committee of 1977 proposed to establish a new federal Sharia court of appeal. The proposal was vehemently opposed by Christians, who had not demanded the application of canon law in their own communities, but depended completely on the British legal system used in the country.

Christians in Nigeria attribute the sudden demand for a federal Sharia court in Nigeria's constitution to the fact, as they see it, that Sharia forbids equality between Muslims and non-Muslims and also refuses to recognize the coexistence of non-Muslim communities, except perhaps as second-class or subordinate citizens. It is common knowledge that Sharia recognizes only Muslims as full legal persons. A Muslim enjoys full citizenship rights under Sharia law. Others enjoy varying degrees of rights depending on the type of relationship they have established with Muslims, thereby presenting Sharia as an instrument of oppression. Calling for the creation of a new Kaduna state, the youth wing of the Southern Kaduna People's Union observed that

... the use of Islamic laws had remained the major tool of oppression and extortion of the wealth of the people of Southern Kaduna, pointing out that this had continued right from ages till today.⁷

The Abuja Christian Institute also called on Christians to resist the implementation of Sharia:

The misdeeds and the miscarriage of justice meted [out] against Christians and [other] non-Muslims abounded everywhere in the middle belt of Nigeria which also had the customary law. The experience of the middle belters is in itself an antidote against any introduction of Sharia in the northern states of Nigeria. If Christians cannot recall and restate the gross injustices of Sharia meted [out] against them in the northern political system, then they cannot speak up and stand for their rights in today's democracy in Nigeria.⁸

The Muslims' demand for the inclusion of a federal Sharia court of appeal in Nigeria was grounded in their view that Sharia is divine law (Qur'an 5.47, 48 and 50) and a way of life for every Muslim. When the proposal failed the Muslims felt betrayed. They also became very concerned, as it was becoming evident that Islam would not become the federal religion in Nigeria.

Addressing Sharia as a form of "renewed assertiveness of the Muslim community" and its implications for the church, J Kenny points out that:

The Islamic revival had deeper and more permanent roots. It is a call for a "return" to Sharia, conceived as a universal, unchanging, divinely given law, a law which covers all dimensions of human social life and assures its practitioners of paradise in the next life and prosperity in the normal course of this life.⁹

Christians felt that Muslims wanted to turn Nigeria into a completely Islamic state. They wondered what might become of them and their faith should Sharia eventually become the law for each and every Nigerian. If Sharia were to reach the federal level, it would become a national policy governing every citizen. This clearly was the understanding that led many Christian groups to oppose the Muslim demands.

The Sharia debate has shifted its ground significantly since the inception of the third republic. Most of the northern states have adopted Sharia law, extending its reach to the area of criminal law. Strictly speaking, the new Islamic penal codes apply only to Muslims. But the immediate effects of the implementation of Sharia law were harassment of Christians, looting and destruction of their businesses and residences, denial of Christian education to their children, forced change in dressing and transportation modes, and denial of airtime in radio and television broadcasts. Since the implementation of Sharia by Zamfara state in 2000, eleven states in the north have followed suit.

Kaduna state experienced a period of brutal killings and burning of mosques and churches when Muslims retaliated in response to a huge peaceful march demonstrating Christian disapproval of implementing Sharia law in the state.¹⁰ This implementation is now a fact. The state governor passed a bill on November 2 2001 on the implementation of three legal systems in Kaduna state: the Sharia, the customary and the common law. The three legal systems will have to serve the three main religious traditions found throughout the state.

There have been reports of uprisings in states like Kano and Bauchi, where churches have been burnt and lives lost. Religious violence has become the order of the day, even if the underlying reasons for the violence are political or social or ethnic. Churches and mosques have been burnt, pastors murdered or their houses destroyed, and thousands of both Christians and Muslims killed or displaced. Examples are the violence in Jos, the capital of Plateau state, on September 7 2001,¹¹ repeated in May 2002 during the People's Democratic Party (PDP) congress; or the Yelwa-Shendam and Wase crises of July 2002. There have been religious crises in parts of Plateau state ever since the September 7 incident. Some Fulani-Muslim settlers have attacked innocent villages at night, resulting in loss of life and property.

Religious freedom

Right from the colonial era, Christian missionary work has suffered setbacks in the Muslim-dominated areas. Christians in these areas have always been restricted in the practice of their faith, unlike their Muslim counterparts. Muslims, on the other hand, feel that they have been marginalized by the secular nature of the federal constitution and so do not have the backing fully to practise their Islamic faith and duties.

Supremacy of Sharia over the federal constitution of Nigeria

If Christians and other non-Muslims and Muslims operate under different legal systems it may be difficult to move together as co-citizens of Nigeria. One group may assume the role of "rightful" or "proper" citizens to the detriment of the others. In his case study of Islam and human rights in Sudan, AA An-Na'im makes the following observations on the implications of Sharia:

• Non-Muslims do not enjoy full political participation or equality before the law, and are disqualified from holding any public office which involves exercising authority over Muslims.
• Muslim women are in theory allowed partial political participation and partial equality before the law under Sharia, but their ability to exercise those rights is limited by restrictions on their access to public life.¹²
• Muslim men in general enjoy the maximum degree of political participation and equality before the law envisaged by Sharia, but suffer restrictions on their freedom of conscience.
• Although the prohibition of "cruel, inhuman and degrading treatment or punishment" is not precisely defined, this human rights principle is clearly violated by the imposition of Islamic punishments of amputation and flogging on non-Muslims who do not accept the religious rationale of these punishments. Other aspects of Sharia penal law also violate [the] human rights prohibition of retroactive punishments. Underlying these and other specific constitutional and human rights issues is the whole question of peaceful and equal coexistence between Muslims and non-Muslims within each country and beyond.¹³

Na'im also made some personal observations on the effects of applying Sharia law:

More serious, in my view, is the negative psychological and cultural influence of Sharia on the legitimacy of human rights norms in Islamic communities... It is difficult...to command popular respect and compliance when male and female children are socialized into the inferiority of women to men, and of non-Muslims to Muslims. It is conceptually possible to formulate alternative interpretations of Islam which are fully consistent with modern human rights norms.¹⁴

National disunity

As a result of the controversies over the Sharia issue, Nigeria has been torn apart both politically and religiously. This has affected the socio-economic life of the nation. Muslims and Christians no longer trust each other in matters of everyday life. They have forgotten that they belong to a common land, given to them by a common God to whom they all subscribe allegiance.

Muslims argue that the forms of governance in Nigeria ever since the fall of the Sokoto caliphate have failed the nation. The only option now is a return to Islamic rule. They claim that

the incorporation of the Sharia courts into the constitution would help the Nigerian state to regain its moral consciousness and responsibility, generating the necessary collective spirit and help to solve Nigeria's social problems.¹⁵

By contrast, the Christian Association of Nigeria argues that:

Christianity and the rights of Christians must be preserved and protected at all cost in the entire northern states of Nigeria. Christians in the northern states must never allow themselves to be lured into a political and religious position where they can be deceived, deluded and bewitched by the propaganda machinery of Muslim politicians and religious leaders into accepting or voting for Sharia to be imposed upon them. The history of Islam and the imposition of Sharia upon Christians and non-Muslims in North Africa, the Middle East and Western and Far East Asia are enough evidences and warning for Christians.¹⁶

Christian contributions to tolerance and coexistence

One might see the whole Sharia movement as a challenge to the church in Nigeria to live out its Christian witness in deeds of holiness and acts of love. There is clearly a need for serious commitment on the part of both Muslims and Christians if genuine peace and the coexistence of all people in a multireligious and pluralistic society like Nigeria is to be achieved.

The Project for Christian-Muslim Relations in Africa (Procmura)¹⁷ has since its foundation promoted tolerance and understanding among Christians and Muslims. With the current trend towards religious violence in the country, these efforts have been intensified.

Procmura held intensive one-day seminars for youth and church leaders in Jos and Kaduna, emphasizing that there should be full political involvement of Christians in Nigeria's politics. Christians must refuse to be corrupted in voting, rather they should contest elections and influence legislation and government policies at points of formulation.

Procmura challenged church leaders to show exemplary conduct in governance so that their members will learn to hold leaders accountable for their actions. There have been positive responses by eminent church leaders. Three ministers of the Evangelical Reformed Church of Christ have since got deeply involved in politics and are winning.

In the economic sphere, Procmura challenged pastors and church leaders to organize training for their members to inculcate business ideas and to bless them so as to ward off poverty.

The Lutheran Church of Christ in Nigeria is involved in an ongoing international conference on mutual coexistence among Christians and Muslims. The fifth conference was held in September 2002. Both Christian and Muslim scholars who love peace and would like to promote it are invited to present papers on issues affecting the peace of the nation. Discussions are held on the issues raised and lines of action pointed out. The results are made public in communiqués.

Both government and non-governmental organizations have established peace initiative committees, with waves of intensified activity. The Plateau state government initiated a well-attended state peace summit. Other segments of the peace submit are scheduled.

The way forward

Religion in itself cannot be blamed for the constant conflicts in the northern states. They are due, rather, to the activities of religious fundamentalists or fanatics, who will do anything to protect and promote their religion.

"One of the determining factors for the origin of fanaticism is a feeling of discontent, frustration, and fear characterized by an integral mixture of defensive and aggressive behaviour."¹⁸

Christians are usually caught completely unprepared and found to be unskilled in response to crisis. Basic security training and awareness campaigns will help minimize casualties. A state of preparedness by Christians will deter the mischief-makers from gleefully attacking at will. But more is needed.

The level of sustained violence in Nigeria is sending the church into much prayer, soul-searching and a reawakening. It is obvious that Christians are divided in some basic matters affecting the country and their relationship with Muslims. These days it has become commonplace to hear both political and religious leaders calling on Christians to fast and pray.

The church will have to engage itself and enter into dialogue with the Muslims in order to understand each other and develop a mutual respect, tolerance and harmony and cooperation that will lead to peaceful coexistence. It will have to equip itself with a deeper knowledge of Islam and the Muslims in each region. This will in turn enable it to interpret the gospel faithfully to the Muslims.

Prof Sigvard van Sicard¹⁹ exhorts Muslims and Christians to look for those dimensions that are common to them and to confront together the forces that threaten people of faith. He lists their common humanity as portrayed in their scriptures (Al-Nisa' 4.1; Al-An'am 6.1-2 and Genesis 1.1, 26,27); their common religious heritage and their common call to serve humanity. He also mentions their commitment to economic, social and political justice and suggests that these aspects must be explored.²⁰

The two religions have areas of similarity and divergence that can cause misunderstandings that need to be resolved through dialogue. They are both avowedly missionary faiths. This easily gives rise to rivalry, accusation and condemnation between them. In an earlier study, I observed that "though they are both mission oriented, yet that doesn't motivate them to have things in common."²¹ They have differences in areas of emphasis and methods of carrying out their mission that often result in conflict. It is to be noted that "the very idea of conversion of Muslims to another religion is anathema."²²

Christians and Muslims are both God's creatures and acknowledge him as our God. We shall all be gathered to him for judgment. Christians need to know the values of Islam and vice-versa. There is also a need to foster peace, social justice, freedom, moral values, religious tolerance and freedom of worship. This can be achieved only through dialogue. Modernism and poverty, explosions of violence, devaluation of moral values and wars are on the increase. This can be arrested through proper dialogue. Both religions are mission oriented and need to sort out the things that may hinder their mission work.

The church has to inculcate into her members high ethical standards, respect for human life and dignity through social services. Educating and enlightening our children and members to be more loving and tolerant of other people and other religions is a duty.

There is a need not just for the churches to join hands in searching for and sustaining peace, but for Christians and Muslims in Nigeria to join hands for the sake of peace and unity. This will then give room for the spread of the true gospel bringing about "life in fullness for all".

Notes