By Emeka Daniels (Abia Writers)
Edited By Chidi Aloysius Nwosu
Sharia law or Islamic law is a religious law forming part of the Islamic tradition. It is derived from the religious precepts of Islam, particularly the Quran and the hadith.
Islamic sharia law is cast from the words of Muhammad called hadith, his actions called sunnah, and the Quran which he dictated. The sharia law itself cannot be altered, but its interpretation called fight, by muftis (Islamic jurists) was given some latitude.
As a legal system, the sharia law is exceptionally broad. While other legal codes regulate public behaviour, sharia law regulates public behaviour, private behaviour and even individual belief. Compared to other legal codes the sharia law also prioritizes punishment over rehabilitation and favours corporal and capital punishment over Incarceration. Of all legal system in the world today, sharia law is the most intrusive and restrictive, especially against women. Some of them are outlined below:
* Theft is punishable by amputation of the hands (Quran 5:38)
* Criticizing or denying any part of the Quran is punishable by death.
* Criticizing Muhammad or denying that he is a prophet is punishable by death.
Criticizing or denying Allah is punishable by death.
* A Muslim who converts to a non-Muslim is punishable by death.
* A non-Muslim who leads a Muslim away from Islam is punishable by death.
* A non-Muslim man who marries a Muslim woman is punishable by death.
* A woman or girl who has been raped cannot testify in court against her rapist.
* Testimonies of four male witnesses are required to prove the rape of a female (Quran 24:13)
* A woman or girl who alleges rape without producing four male witnesses is guilty of adultery.
* A woman or girl found guilty of adultery is punishable by death.
* A male convicted of rape can have his conviction dismissed by marrying his victims.
* Muslim man has sexual right to any woman or girl not wearing the hijab.
* A woman can have one husband, who can have up to four wives.
* A man can marry an infant girl and consummate the marriage when she is 9 years old.
*Girl’s clitoris should be cut.
* A man can beat his wife for insubordination.
* A divorced wife loses custody of all children over 6 years of age or when they exceed it.
* A man can unilaterally divorce his wife, a wife needs her husband’s consent to divorce.
* A woman cannot speak alone to a man who is not her husband or relative.
* Muslim should engage in taqiyya and lie to non-Muslim to advance Islam etc.
In Nigeria, sharia has been instituted as a primary law on civil and criminal laws in nine Muslim majority states and in three Muslim plurality states since 1999, when then Zamfara state governor Ahmad Sani Yerima began to push for the institution of sharia at the state level.
Nigeria as a common law country has its own constitution, which was established on 29th May 1999. The Constitution of Nigeria is the Supreme law of the country. There are four distinct legal systems in Nigeria, which includes English law, common law, customary law and sharia law.
From the look of things Nigeria is no longer making use of the English law, common law and the customary law, that is why from the president to the military and down to the governors don't obey court orders. Nigerian government prefer the use of sharia law to common law just like in the case of the leader of I.P.O.B, Nnamdi Kanu in which the Judge wanted to apply sharia law, but they found it difficult because Nigeria is not made up of one religion.
The removal of Justice Walter Onnoghen as the Chief Justice of the federation is indirect removal of the common law and the coming in of the acting Chief Justice Ibrahim Tanko Mohammed is the indirect way of invoking sharia law to fulfil the Islamization agenda of the Muslim Fundamentalists in Nigeria.
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