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Summary
The implementation of Sharia law in Nigeria has raised concerns about its impact on women's rights. Critics argue that Sharia law can limit women's legal autonomy, and compromise their safety and justice within the legal system.
It all began on the 22nd of December when a flyer was posted on Twitter. In this flyer, the Supreme Court for Sharia in Nigeria cordially invited people to the inaugural ceremony of the Sharia court in Oyo and its environment. This event is meant to happen on the 11 of January 2025. This flyer has sparked a lot of debate, varying from the hypocrisy of Sharia law meant for poor people, how the rich and wealthy are not affected by it, how non-Muslims are tried in Sharia court, and finally to the implication of the women of Nigeria if it is not kicked against. In this article, Naija Feminists Media focuses on the potential implications. But before that, here is a little background of sharia law in Nigeria.
Background of Sharia Law in Nigeria
Sharia law is part of the legal system in 12 Muslim-majority states in northern Nigeria. In 1999, the then-governor of Zamfara State, Ahmad Sani Yerima, began introducing Sharia law at the state level. The states created Islamic legal institutions, such as a Sharia Commission, Zakat Commission, and a hisbah, similar to an Islamic police force.
Although Sharia law varies from state to state, it operates in both the criminal and religious domains. In Nigeria, Sharia has been instituted as a main body of civil and criminal law in twelve Muslim-majority states since 1999, when then-Zamfara State governor Ahmad Sani Yerima began the push for the institution of Sharia at the state level of government. A “declaration of full Sharia law” was made in the twelve states in that year, and the states created Islamic legal institutions such as a Sharia Commission, a Zakat Commission, and a hisbah (a sort of Islamic police).
Punishments Under Sharia Law
Some examples of Sharia punishments include flogging, amputations, and stoning. In theory, Sharia law is applied to Muslims only, and Christians are exempt. But in reality, it is applied to Christians or non-Muslims. An example is the case of Rhoda Jatau, who was recently acquitted after being jailed for two years, as well as Deborah, who was stone and burned to death.
“In 1996, Gideon Akaluka, who was standing trial for alleged blasphemy, was murdered by Muslim mobs in a Kano prison after the mobs bridged the security of the prison. Ms Bridget Agbahime was in 2016 murdered and beheaded by Muslim mobs in Kano. Christianah Oluwatoyin Oluwasesin was murdered in 2007 by her Muslim students and some mobs for alleged blasphemy. Evangelist Eunice Elisha was murdered in 2016 by Muslim fundamentalists while she was preaching in Kubwa, Abuja. The list goes on and on.
In all of these, the killers went scot-free except for the murderers of Gideon Akaluka, who were punished by the Abacha junta. Sanusi Lamido Sanusi, the disgraced emir of Kan,o was alleged to be among the killers of Akaluka. He had to go and exile to escape the junta’s axe”, @SKefason, a Twitter user, responded to the effect of Sharia law.
Here is another list of people who suffered under this law exposed by this user @happimide, Gideon Akaluka in 95 (Dutse)
Florence Chukwu in ‘06 (Bauchi)
Christianah Oluwasesin ‘07 (Gombe)
Bridget Agbahime ‘16 (Kano)
Eunice Olawale ‘16 (Kubwa).
These are people who are not criminals or have committed any crime. These are some reported cases, and even children are not left out from suffering from such a law. Here is an example:
Nigerians’ Experience of Sharia Law
@masurge7 shared her story of one of her students who was inflicted with so much beating because he played with his age mates who are Christians.
@yojora went further to explain what living under such a law is like. He exposed how Christians were arrested just because they sold food to the Muslims during Ramanda.
“Muslim MTN staff at the Kano office back then used to be visibly angry that their colleagues were having lunch during Ramadan. This is why “don’t eat publicly during Ramadan” is not about empathy. It’s about them wanting you to fast cos they’re fasting,” @ThandiMaler tweeted.
Several reports from different media have shown how people have suffered under the law. The report by Sahara Reporters, “Sharia Court To Cut Of Hand And Leg Of 10, Stone 5 To Death In Bauchi. In cases like these, the aim, therefore, of sharia is not to stop crime but to push the Islamist agenda and domination.
Now for the women of the North, depending on their socio-economic status or the group of Muslims they belong whether Sunni, Suffi, or Shia, they are the ones that bear the brunt of the Sharia law whether they are Muslims or not. Remember the case of Deborah, who was stoned and burnt alive for blasphemy?
Although there are some men who are kicking against it, there are still men who are in support of it because they see nothing wrong with Sharia law. It is safe to say this is how countries like Afghanistan fell to the Taliban because a lot of men there never had a problem with the Sharia law.
In Sunni Islam, on a fundamentalist level, women are on the losing side in terms of fundamental human rights. Although there are exceptions, women are the collateral damage. There are a lot of doctrines and practices under Sunni Islam that are against the fundamental human rights of people. According to that grouping, a woman should be killed because she converted to another religion. The Sufi’s are not so different, but the majority of Muslims in Nigeria are Sufis.
List of Crimes and Punishments of Sharia Law
The Implications of Sharia Law for Women in Nigeria
If sharia law were to be implemented in different parts of Nigeria apart from the north, this would be the implication on women’s rights and societal roles.
Legal Autonomy
The introduction of Sharia law has negative effects on women’s legal rights concerning marriage, divorce, child custody and inheritance. Although there are parts of Sharia law that allow women to inherit property and initiate divorce, the overall framework of Sharia law often favours patriarchal structures;
- Marriage and Divorce: Women may face restrictions in marriage choices, with traditional practices like ijbar (forced marriage) being reasserted. Although women can initiate divorce in some contexts, societal pressures often discourage them from doing so.
- Child Custody: Custody laws under Sharia can disadvantage women, as fathers typically have stronger claims to custody after divorce. This can lead to situations where mothers lose contact with their children.
- Inheritance Rights: Although Sharia law provides for women’s inheritance rights, cultural practices often undermine these rights, leading to unequal distribution of family wealth.
Education and Employment: Sharia law extends to education and employment opportunities for women.
- Access to Education: In many northern states, educational opportunities for girls are limited due to cultural norms that prioritise male education. The implementation of Sharia has been associated with a reduction in sex education and reproductive health information in schools, further restricting women’s knowledge and empowerment.
- Career Opportunities: Employment prospects for women are often constrained by societal expectations that prioritise domestic roles over professional aspirations. This is exacerbated by interpretations of Sharia that may discourage women from working outside the home.
Freedom of Expression: Women’s freedom of expression is significantly affected under Sharia law.
- Dress Codes: Many women are subjected to strict dress codes that dictate modesty based on religious interpretations. Failure to comply can result in legal repercussions or social ostracism.
- Mobility: Cultural practices reinforced by Sharia can restrict women’s movement in public spaces. The practice of purdah (seclusion) limits women’s visibility and participation in public life, further entrenching gender inequality.
Safety and Justice: Concerns about safety and justice under Sharia law are different for women:
- Gender-Based Violence: The legal system under Sharia often lacks adequate protections against gender-based violence. Women may find it difficult to seek justice due to societal stigma or legal barriers that favours male perpetrators.
- Justice System: The dual legal system (Sharia alongside civil law) can lead to inconsistencies in handling cases involving women. Women’s testimonies may be undervalued compared to men’s, impacting their ability to receive fair treatment in courts.
In conclusion, while Sharia law presents certain avenues for women’s rights advocacy, its broader implications often reinforce existing inequalities and patriarchal structures. Women’s experiences under this legal system vary widely, highlighting the complexity of navigating rights within a religiously grounded and culturally influenced framework.
