By Qaasim Odedeji
On 24th day of October, 2024, Nigerians woke up to a sensational report that the House of Representatives rejected a Bill seeking to Islamize Nigeria.
The sponsor of the Bill, Hon. Aliyu Missau had introduced the Bill to the House of Representatives seeking to make Shari’a law not just a personal matter in the Constitution by removing the word ‘personal’ from Islamic Personal Law and leaving it with Islamic law. He cited the emergence of Islamic financial institutions such as Jaiz and Taj Bank as part of the reasons justifying the expansion of the operation of the Shari’a in the Constitution beyond personal law such as marriage, custody of children and inheritance.
Bamidele Salam, a Christian lawmaker representing Ede Federal Constituency of Osun State argued in opposition to the Bill claiming it has potential to derail the freedom enjoyed by all religions in Nigeria. The Bill was subsequently killed.
Ironically, Hon. Bamidele Salam, a Christian convert, is representing Ede Federal Constituency comprising Ede North, Ede South, Egbedore and Ejigbo local government Areas of Osun State which is a Muslim-dominated federal constituency.
Not only that, Ede Town, which is the headquarters of the federal constituency is one of the places in Yorubaland where Shari’a law had been fully practiced. Oba Habeeb Lagunju who ruled as Timi of Ede during his reign practised Shari’a and established a Shari’a Court for it’s operation.
Till date, Ede land is one of the notable Muslim-populated towns in Yorubaland with renowned Islamic Scholars and highly recognized Islamic Schools.
Reading the news, what firstly came to my mind was ‘Who are the actual people Hon. Bamidele Salam is representing and whose interest he was protecting when he was making his anti-sharia, anti-Muslims argument?” Was he speaking on behalf of the teeming Muslims on whose back he rode to becoming a representative or he was protecting the interest of his religion?
Coming to the issue of Islamic personal law, by the combined effect of Section 24, 262 and 272 of the Constitution that are been sought to be amended, the Shari’a Court of Appeal of Federal Capital Territory and that of a State will only have jurisdiction on an appeal from lower Court where a ground of appeal raises an issue of Islamic personal law such as marriage, custody and inheritance. Otherwise, Shari’a Court of Appeal will not have jurisdiction. This position has been given effect in plethora of judicial authorities.
The implications of the above is that where an appeal raises issues of Islamic law such as Islamic law on appointment of an Imam or other Islamic positions, contracts executed by Muslims under Islamic law and other Islamic financial obligations etc, Shari’a Court of Appeal will not have jurisdiction to entertain same. Only an High Court will have jurisdiction.
The effects of this is that critical issues of Islamic law are brought before judges who have no knowledge of Islamic law to determine same. This, in many occasions, poses several challenges to adjudication of those cases and just determination of them.
Therefore, seeking to amend those sections is not out of place. Rather, amending them will assist the course of justice.
From the above explanation, it would be seen that amendment been sought has nothing to do with curtailing the freedom of religion of any individual or group of individuals.
Purely, it is just and fair that civil issues that arise from Muslims who chose to execute their obligations under Islamic law have competent Courts and before judges who are learned enough in the field of Islamic law which is the foundation of their transaction.
Killing the Bill is a way of curtailing the fundamental rights of Muslims in Nigeria to the freedom of religion part of which is the right to be governed by Islamic law.
Rejection of the Bill as done by the House of Representatives is a clear indication that many of our representatives are either ignorant of basic issues or are myopic in their opinions.
Lastly, major opposition to the Bill by a Southern lawmaker brings into open again the reason why Muslims in the South especially in Yorubaland have continued to be denied the establishment of Shari’a Court of Appeal despite the provisions for same in the Constitution.
(Qaasim Odedeji
A Lawyer, Chairman, MULAN, Osun State Chapter and immidiate past Amir of MSSN, B Zone is also an indigene of Ede from Amosun Compound.)
