Download Role of Shariah in the life of Muslims by S.H.A Malik

ROLE OF SHARIAH IN THE LIFE OF A MUSLIM
S.H.A. Malik
The Amir of Islamic Forum, other officials of the Forum, Reputable Islamic Scholars and
Distinguished Brothers and Sisters in Islam. I am greatly honoured by giving the opportunity to
discuss this important topic “ Role of Shariah in the life of a Muslim”
I will like to start by defining Islam. What does Islam mean? Islam is the total submission to
Allah (SWT). Islam is a religion that brings peace to mankind. When man submits himself to
Allah and submits himself totally to His wills he is referred to as a Muslim. According to Qur’an
42:13, Islam is the only full religion professed by all the Prophets from Adam to Muhammad
(S.A.W.), the last prophet.
“ He has ordained for you the same Deen (way of life
- Islam) which He enjoined on Nuh - and which We
have revealed to you O Muhammad - and which We
enjoined on Ibrahim and Musa (Moses) and Isa
(Jesus): "Establish the Deen of Al-Islam and make
no division (sects) in it." Intolerable for the
mushrikin is that to which you O Muhammad call
them. Allah chooses for His service whom He wills,
and guides to His Way only those who turn to Him
in repentance.
Q42:13
Islam is the universal religion ordained by Allah (SWT) according to Q3: 19 where Allah says:
“ Surely the only Deen (true religion and the Right Way
of life) in the sight of Allah is Al-Islam: Those to
whom the Book was given did not adopt ways
different than this except out of envy among
themselves, and after the true knowledge had come
to them. They should know that Allah is swift in
calling to account those who deny His revelations.”
Whoever takes to another religion besides Islam, it would not be accepted from him and he would
end up a looser on the day Resurrection.
Who is a Muslim?
A Muslim is one who submits himself to Allah (SWT) and thereby professed the religion of
Islam. A Muslim therefore believes in all the Prophets and makes no distinction between one and
the other. He also believes that Allah sent all the prophets to preach the same religion. And that,
the message stops coming after the last revelation given to the last Prophet Muhammad (SAW).
He also believes that the message received by the last Prophet is the most comprehensive and
final form of Allah’s message to mankind.
Scope of Islam.
Islam is not a religion in a limited sense of word rather it is a complete way of life. As a complete
way of life, Islam integrates man with Allah, awakes in him the moral consciousness and invites
him to deal with all the problems of life, individual, social, economical, political, national and
international in all with his commitment to Allah. Islam is a perfect religion. In fact, it is a
completion of Allah’s favour upon man as far as regulation of life is concern. In this connection,
Allah stated in the Qur’an that He gave perfection to Islam and approved it as a religion for
mankind.
“…Today I have perfected your religion for you,
completed my favour upon you and approved Al-Islam
as a Deen (way of life for you). Q5: 3
The Qur’anic verse implies that the favours of Allah have been perfected in Islam because it is
the perfect comprehensive and suitable religion for mankind and for all nations. Whatever act
done on the pattern of Islam whether in the form of individual or social behaviour is acceptable to
Allah.
Basic concept of Religion.
To non-Muslim, religion is just a perfect relationship between man and his God. But for a
Muslim, religion compliments the whole of life. No sphere is left both in personal and public life
is in consequential to religion in the hereafter. Allah ordered the Muslims to enter into the
religion of Islam completely.
Islam is the only way that does not make distinction between what is religious and secular. All
aspects of life have their status in Islam. Allah commanded the noble Prophet Muhammad to
declare as follows in Q 5: 162
"…Surely my Salah, my devotion, my life,
and my death are all for Allah the Rabb of the
Worlds.
This means that a whole life of man in all its spheres should be in submission to Almighty Allah
the Creator of all faithful believers.
Shariah vis-à-vis a Muslim
The Shariah is the Islamic law and indeed the divine law of our Creator, Allah, which is sent to
mankind through His Noble Prophet Muhammad (SAW) as conveyed by the Qur’an. The Qur’an,
which is the divine source of Shariah, is a unique book and eternal message of universal
relevance. Its contents are not confined to particular theme, but contained the foundation for an
entire system of life. It covers the whole spectrum of issues, which range from specific articles of
faith and commandments to general moral teachings, rites and obligations, crime and
punishments, personal and public laws and other private and social matters. The Qur’an contains
a complete code which provides for all spheres of life whether spiritual, intellectual, political,
social or economical which has no boundary of time, place or nationality. This code is what is
known as Shariah.
The Shariah governs the entire life of a Muslim. Therefore, it is regarded to be an embodiment of
the will of Allah. The Shariah is contained, in principle, in the Noble Qur’an, elaborated and
complimented by the Sunnah of Prophet Muhammad. Shariah, therefore, constitutes the basis
concept of law, which caters for the need of Islamic Ummah.
The need for Shariah in our judicial system
The provision of our constitution guarantees the freedom of religion and worship. The Shariah is
such a compulsory aspect of Islam, that to deny a Muslim access to it is to infringe on his right to
freedom of religion and worship. This is because, it is not just a religion but a complex way of
life. Professor Hassan Naseer has rightly observed that religion to a Muslim is essentially the
divine law which induce not only universal moral principle but determines the tenets of how man
conducts his life. As contained in the guides of a Muslim to conduct his life in harmony with the
divine rule.
Provision of Shariah will be properly understood only in the context of social scheme. Shariah is
a way, which encompasses the totality of man’s life. Being given by Allah, Shariah is the
manifestation of Allah’s mercy on mankind. Being ignorant of what Shariah is, most of those
who are opposing it do not appreciate the fact that unlike the other faith, Islam provides for
interference and guidance in all aspects of human endeavours. It obliges them to follow strictly
the guidance. Consequently, all true Muslims honestly and earnestly believe that their success in
this life and salvation in the next life lie in strict adherence to that guidance. Muslims are
therefore frequently enjoined to obey Allah and His Messenger and those in authority among
them and if they defer among themselves on a matter, they should refer it to Allah and His
Messenger. The Almighty Allah warns seriously in different verses of the Qur,an against
judgement outside His dictates. One of those numerous warning is contained in Q5: 48 which
goes thus:
“ …those who do not judge by the law which Allah has
revealed, they are the wrongdoers.”
So therefore the Muslims’ demand for provision of Shariah in constitution is not based on whims
and desires as barely suggested by some critics. It is in accordance with their divine faith.
The Jurisdiction of Islam is used in series of transactions such as marriage and commercial
transactions as well as criminal matters etc. The real members of a society or a state, secular or
not, have the responsibility to provide a judicial apparatus for the administration of justice on the
basis of law they have chosen.
Since Shariah is Islam and Islam is Shariah. Its advent in Nigeria is far beyond 19th century when
it was only given a strong official recognition and organized by the Sokoto Jihadist. By the
Nigeria of that century, the Shariah completely replaced whatever was left of the state legal
practice in parts of the country now known as the northern states. At that time and until this day,
it was applied in all its ramifications, civil and criminal. But the British super imposed the
English law on them and aggressively confined its jurisdiction to Muslim private matters.
Contrary to the erroneous belief held by non-Muslims, the influence of Shariah has not been
restricted to the northern part of the Country. There are abundant evidences of the influences of
Shariah in Yoruba land. The existence of Islamic legal expression such as:
O da Shariah fun (he dealt with him according to Shariah),
O to Sunnah (It is in line with the tradition of the Noble Prophet Muhammad) been used by
average Yoruba in open businesses and private life is an indication of the influence of Shariah on
them.
There are several families in some parts of Yoruba land who are identified as Al-Kali families
because their ancestors were Shariah Court Judges. In 1913, a Shariah Court was officially
established in Ede, Osun State. The first Al-Kali of the said Court was one “Sindiqu” who
recorded the proceedings in Arabic Language. In Iwo, Shariah was also used during the time of
Oba Lamuyin. As early as 1923, the Muslim population of Lagos showed the signs of demand for
Shariah Court following the unsatisfactory decision of Lagos English Court in the case involving
one Awwah Thomas. (African Newspaper of January 17, 1924). In 1938, a group of Muslim as a
student demanded the establishment of Shariah Court in Ibadan. Furthermore, sometimes before
the Independence, the Muslim Congress of Nigeria with its headquarters in Ijebu-ode sent a letter
to the Chief Secretary to the Government demanding the establishment of Shariah Court in
southern Nigeria. They also lamented that the Muslims in the southern province of Nigeria have
been deprived of the use of Shariah. In a similar letter forwarded to the state commissioner, the
conference asserted that in almost all the towns and villages in the western province, Muslims are
in the majority. It is clear from the above that Muslims in the Western part of the Country have
not been indifferent to the issue of Shariah. In fact, contrary to beliefs of the non-Muslim, they
have really proved that they are conscious of their rights and are determined to assert that right.
Therefore, any anti- Shariah opinion expressed in Oyo, Osun, Ogun, Ondo, Ekiti and Lagos states
should not be taken as the wishes of majority of the people. The establishment of Shariah Court in
these states is long overdue.
One criticism made by an antagonist of Shariah in his mischievous suggestion that the Shariah
provisions in the Constitution are tantamount to an attempt to make Islam a state religion. But the
Shariah provision even as adopted by the Zamfara State Government, has clearly shown that no
non-Muslim is required to go to Shariah Court for litigation. Despite the identification of
Common law with Christianity, no one has suggested that Nigeria has become a Christian State
by virtue of adopting that law. In spite of all efforts to disassociate the Common law from
Christianity, it is known, on authority, that the common law came into the system along side the
Cathedral Churches, which were built, in 19th and 20th Centuries. Judges who were mainly from
the Church formulated it. Every year, the citing are opened with Church service. These are clear
indications of the Christian orientation of the Common law. It was only 1983 that Muslim judges
and Lawyers started to go to Oja Oba Central Mosques for such services. Besides, the Christian
rites are observed by all and sundry irrespective of faith. No one has openly challenged this
practice as an imposition of Christian doctrines on the nation. In view of the points made above, it
is indeed unfair to conceive the Shariah provision in the Constitution as an attempt to Islamize the
nation.
Dual legal system is not a strange phenomenon. Some other antagonists of Shariah have
condemned the Shariah provision in the Constitution as an introduction of dual legal system. It is
pertinent to mention that in Britain, which gave Nigeria the Common law, alongside the English
law; has the Scott law which Origin and development differ from those of English law.
Accordingly, Scotland has her system of Court quite separate and independent of the English
Court with the house of Lord as the final court of appeal. If a Unitary political system such as
U.K. could make a provision for another legal system alongside the English legal system; a
Federal system of Government such as ours is more deserving of such provision. Those
protagonists of the common law are only been more intolerant than those who gave them the
Common law. It is because the Common law and the Shariah have existed side by side in the
Country for many years and there had been no confusion. The fear of confusion as expressed by
the antagonists is not only imaginary but indeed hypocritical. It is neither real nor genuine.
Litigation between Muslims & Non-Muslims
This does not constitute a problem. Islam does not impose its law on non-Muslims and the
jurisdiction of Shariah Court conforms to that principle. A Muslim involved in litigation with a
non-Muslim cannot drag the latter to the Shariah court. The Muslim is bound to go to the
customary or magistrate court as they may agree to go by mutual consent.
Shariah is not peculiar to Nigeria. In other words, Nigeria is not the only country even in Africa,
South of the Sahara, that accommodates Shariah. There are three traces of Shariah in Kenya, they
are Liwani court, Kadi court and Mudiri court. Shariah courts are also found in Tanzania,
Ethiopia, Uganda and the Gambia. (See Islamic Law in Africa). Furthermore, there are Shariah
courts in Syrlanca even though the Muslims there only constitute 8% of the population. The
Muslims of U.K. are now agitating for the establishment of Islamic law courts in the country.
The place given to Shariah in the legal System of those Countries has not made them Islamic
States. Similarly, the Coptic Christians of Egypt who account for less than 7% of the population
do enjoy the practices of Coptic Communal Court in the Coptic Communal Court of Appeal. Yet
Egypt is not a Coptic State.
The effectiveness of Islamic Penal law as a deterrent is well demonstrated by the rareness of theft
and robbery in countries where the Islamic penal law is in course such as Saudi Arabia, Iran and
Libya.
Marriage in Islam is not a temporary union but is meant for the entire span of life. Dissolution of
marriage is, however, permitted if it fails to serve its objectives and had irretrievably broken
down. In this connection the prophet Muhammad (SAW) is reported to have said:
“Divorce is the most detestable in the sight of Allah of all permitted things”
This is why the Shariah stipulates the observance of a mandatory period of three months to allow
for possible reconciliation between the two parties. In the Western part of the Country where
there is no Shariah Courts, marriages contacted according to Islamic Shariah were dissolved
without reference to Shariah procedure. The provisions of Shariah law on commercial
transactions are practicable for all times and all places including ours. For instance, the Shariah
prohibits the hoarding of goods with abuse to security and monopoly and the consequence rise in
price. It obliges the seller to show any defect in the article he / she offers for sale to the intending
buyer. Shariah prohibits decreasing of weight and measure in commercial transaction. All are
contained in the Qur’an.. Q.4: 17, 35, Q6: 21-22, Q85: 18)
Man quest for justice without recourse to divine law is the most persistent thing to humanity.
Justice and ideal image sharing as fervently desired by mankind can never be truly practice unless
it is done base on prescription of Almighty Allah. Justice, command therefore as for everything
else in creation lies in obeying Almighty Allah, by doing what He has laid down as right and
avoiding what He has laid down as wrong. It is only Allah’s divine injunction that can establish
absolute guidance and justice. All other sources of knowledge or mode of determinant whether
scientific or theorism suffer from one deficiency or other.
The Shariah is the only hope. One who understands its basic concepts and objectives and
framework cannot but conclude that it is capable of creating the most human and just society,
peace and blessing for mankind. Crises only arise, when people measure the quotient of divine
knowledge, wisdom and justice with their own imperfect human criteria and standard. As a final
remark, I will like to advise that as a Muslim, we must be of best character and behaviour worthy
of emulation as exemplified by Prophet Muhammad to his companions. Allah has recommended
him as a model in Q 33: 21
“Indeed you have a good model for you in the Prophet of Allah…”
In Conclusion, I wish to commend the official and members of Islamic Forum for their
tremendous contributions to the propagation of Islam. I pray that Allah give them abundant
reward for their Jihad activities in the will of Allah and the promotion of Islam.