Article Citation: Isa Muhammad Maishanu & Attahir Shehu Mainiyo (2021). Shari'ah - A Complete Way of Life and the Challenges of Secularism in Nigeria. DEGEL: The Journal of the Faculty of Arts and Islamic Studies, Vol. 19, No. 1. ISSN 0794-9316
SHARI'AH - A COMPLETE WAY OF LIFE AND THE
CHALLENGES OF SECULARISM IN NIGERIA
By
Isa Muhammad Maishanu &
Attahir Shehu Mainiyo
Abstract
Shari'ah is one of
the misunderstood Islamic concepts particularly in the West. It is often
erroneously believe to be incompartible with secularism. To clear
misunderstanding about shari’ah and its compartability with secularism, this
paper sheds light on Shari'ah as a complete way of life and the
challenges of secularism in Nigeria. The objective of the research is to
underscore the comprehensive nature of Shari’ah and the challenges faced by it
in the Nigerian society, that is seen by many as ‘secular’. The study applied
analytical phenomenological methodology.
Introduction
The two major religions in
Nigeria, a country which is considered as a multi-ethnic and multi-religious
state, are Islam and Christianity. Adherents of these two major religions have
divergent positions on the question of the secularity of the Nigerian state.
While most Christians argue for separation of the running of the Nigerian state
affairs from religion, most Muslims advocate for the fusion of religion, the
state and the law. To many of them, Shari’ah law ought to govern the
totality of the life of a Muslim from cradle to grave. This is the general
understanding of the Muslim scholars as it relates to the imperative of living
in accordance with the Revealed guidance from their Lord and Creator. Islam, as
is to be understood by all is an expression of why Allah, the Most High, sealed
the office of Prophethood and Messenger-ship with Prophet Muhammad (pbuh),
being the last and final Messenger of Allah. The fact that Allah has chosen
Islam as man’s Din or religion and way of life, means that He does not
accept other than Islam, as a religion from anyone. This is the general and
authenticated understanding of Muslims, both scholars and laymen, with minimum
knowledge of the contents of the Qur’an. It was in relation to this that
Almighty Allah enunciates that whoever seeks a Din[1]
other than Islam, it will never be accepted of him.[2]
This is the religion Allah chose for people which best suits their
temperaments. He has made His religion very easy for His creation to live by.
The religion lifts all kinds of burdens and restrictions that caused hardship
to earlier people. For one who lives by this religion, what is most important
is to recognize the ease and beauty the religion provides him. Allah, the
Almighty declares in the Qur’an that His religion is easy and that He will make
things easier for those who follow it in their lives.[3]
These facts together make Muslims believe that for their success in this life
and security in the next life, they have no other choice than living by the
dictates of the Giver of life and Who takes it back at the time He fixed. This
position is taken for granted in Muslim narrative, and this is what for
instance, the former Governor of the Central Bank of Nigeria and deposed Emir
of Kano, Alhaji Sanusi Lamido Sanusi, maintained that any call on Muslims to
abandon religious law in the name of secularism will fail. Many Muslims in
Nigeria appear to seek to be governed by the Shari’ah in all their human
activities.
Nigeria’s North is
predominantly Muslim, with the Hausa and Fulani being the dominant ethnic
groups. The Kanuri are also the main ethnic group in the Northeast. The
south-east of Nigeria is predominantly Christian. In the south-west, the Yoruba
Muslims claim to be the majority. There are, however, Christian communities
found in parts of some northern states of the country. Both Muslims and
Christian communities are distributed more evenly in the central parts of the
country known as the Middle Belt, as
well as, in parts of the Southwest, where the dominant ethnic group, the
Yoruba, is made
up of both Muslims and Christians[4].
About half of Nigeria’s
states are considered to be part of what is
commonly referred to as the North, although there is no official boundary
between North
and South. The North is very different from the South in a number of
significant ways. In terms of regional politics, the North is an amalgamation
of the remains of ancient Islamic kingdoms in the region.
The concept of secularism
originated in Europe as a concept to define the state governance after It
sought deliverance from the control of the Church. Secularism came to be
understood in diverse senses according to the different political set-ups. As
the Church was representing the Christian theocracy, its continued predominance
over the state functioning blended the two institutions in an inextricable
manner. However, with the passage of time the word 'secularism' emerged as a
universally recognized antonym of
theocracy and from this viewpoint, it is considered a political doctrine
symbolizing the religious neutrality of state agencies[5].
Even though the word secularism is the most overused term in the political and
social arenas, there is no explicit definition successfully accorded to it.
However, the mental connotation derived from this term is not universally
applicable and varies from one society to the other. The term ‘secularism’
according to the
unanimous opinions amongst all political structures, depicts that no favor or
disfavor will be for any religious group comprising the population under its
control.
Meaning of Shari'ah
The word ‘Shari'ah’ literally
means ‘a way or a water way’. In Islamic terminology, it means more than the
legal system of Islam, even if it is commonly seen as such. According to the
literal meaning, Shari'ah leads to a mainstream a drinking place and a
road or a right path. The connotation is here used to mean a path or a passage
that leads to an intended place, or to a certain goal. In this paper, however,
we will use the word Shari'ah as the laws of Islam or the Islamic laws.
‘Islam is a din -- a religion.’ What does a Muslim mean when he
uses the word din or religion in this sentence? Does it mean just
‘believing’ in the fundamentals of Islam? Or does it mean ‘living’ according
to the teachings of Islam without actually believing in Allah? No, both these
two positions are incorrect.
The word ‘din’ or
religion, when used for Islam, means believing in the fundamentals of Islam, as
well as, living according to the Islamic laws. This concept of religion is
beautifully conveyed in the terms used by Islamic scholars to describe the
fundamental beliefs and the practical laws of Islam. The ‘beliefs’ are
described as ‘the roots of religion’ (Usul al- Din). The ‘Shari'ah laws’
are described as ‘the branches of religion’ (Furu’ al- Din). Beliefs
without practice are incomplete Islam; and practice without beliefs might be
useful in this world, but not of much use in the hereafter. Shari’ah is,
technically, the sum total of guidance from the Creator of this universe for
the good of man in attaining success and Divine pleasure in this world and for
attaining Allah's good reward and mercy in the next life. Man, according to the
sublime teachings of Islam, was created by Almighty Allah so as to worship Him,
and the total guidance revealed for directing his life is every aspect is the Shari’ah.
The worship of Allah
involves total submission to His will in all aspects of life. The rules and
regulations known as Divine guidance are all- encompassing and cover, contrary
to what many non-Muslims thought, every aspect of religious life including worship,
morals, individual attitude and conduct, as well as spiritual, educational,
economic, social and all other spheres of life. It should therefore be noted
that the Shari'ah is so complete that no aspect of human life is outside
its domain. In line with the above, a Muslim is expected to follow Islamic laws
in every aspect of life: personal and familial, religious and social, moral and
political, economic and business, etc. Almighty Allah explains in His Book
thus:
When
Allah and His Messenger have decreed a matter, it is not for any believing man
or believing woman to have a choice in their affair. And whosoever disobeys
Allah and His Messenger has gone astray into clear error[6].
The Scope of Shari'ah
Islamic law is therefore the
expression of Allah’s commands for Muslim society and, in application,
constitutes a system of duties that are incumbent upon a Muslim by virtue of
his religious belief. The law constitutes a divinely ordained path of conduct
that guides Muslims toward a practical expression of religious conviction in
this world and the goal of achieving divine favour in the life to come. The
final Prophet of Allah and the leader of His Messengers, Muhammad came with the
final perfected code of conduct in all affairs, simply called, the Shari'ah.
This code of conduct involves two kinds of rights; the rights of the Creator (Huquq
Allah) and the rights of other beings (Huquq al Ibad).
For both the rights,
Shari'ah provides man brilliant guidance, so as to live in this world in
the light of revelation and find peace of mind in obeying his Lord and Creator.
The teachings of Shari'ah are the panacea for all our ills in Muslim
societies. It is therefore imperative to follow those teachings and not the
desires of those who do not know our creation, our needs and wants. Shari'ah
however, guides, directs, as well as perfects individuals and
nations/societies, hence, it serves as a remedy for all individual and
collective ills. It is a manual from our manufacturer that will guide every
step in our lives. Thus, following the Shari'ah is imperative and the
only solution to all our needs, aspirations, fears and hopes as clearly
indicated in the following Qur'anic verse: ‘‘Should not He Who has created
know? And He is the Most Kind and Courteous (to His slaves) All-Aware (of
everything)’’[7].
And in another place, He
says:
Then We
have put you (O Muhammad SAW) on a plain way of (Our) commandment [like the one
which We commanded Our Messengers before you (i.e. legal ways and laws of the
Islamic Monotheism)]. So, follow you that (Islamic Monotheism and its laws),
and follow not the desires of those who know not[8].
Objectives of Shari'ah
One of the cardinal
objectives of Islamic Shari'ah is the protection of religion and its
dissemination as it represents the essence and spirit of life. According to
Shaykh al-Islam Ibn Taymiyyah one of the duties of those who acquired knowledge
of the religion of Islam is to protect it and disseminate same to other fellow
human beings. For if they fail to do as it should be, they have incurred the
greatest wrath from the Allah. This may probably be one of the warnings
contained in the following verse:
Verily, those who conceal
the clear proofs, evidences and the guidance, which We have sent down, after We
have made it clear for the people in the Book, they are the ones cursed by
Allah and cursed by the cursers[9].
It is generally true that
Muslims were repeatedly reminded on the need to live in accordance with Allah's
religion. This is because the religion of Islam encourages the life style most
suitable to man's temperament, comfort and happiness; a life laid down by the
morals of the Glorious Qur'an, which is the best possible life a person can
live. Similarly, as all knowledge about the religion is provided in the Qur'an
- Islamic Shari'ah inclusive, this leaves no room for whatever dispute
on any issue relating to Islamic Shari'ah implementation as advocated by
some westerners. This might not be unconnected with the fact that one of the
purposes for the revelation of the Glorious Qur'an is to clarify religious
issues that earlier people disagree on as can be seen in the following verse:
And We have not sent down the Book (the
Qur'an) to you (O Muhammad SAW), except that you may explain clearly unto them
those things in which they differ, and (as) a guidance and a mercy for a folk
who believe[10].
Another objective of
Shari'ah is the protection of the mind. Muslims must not therefore
indulge in taking intoxicants and other related substances as these might cause
harm or even - to some degree - destroy the society. One's property is also
accorded high priority in Islamic Shari'ah. The Shari’ah has
therefore one of its objectives the protection of property. Naturally,
to feel a sense of security one has to feel that the fruit of one's labor is
protected and will not therefore be subjected to theft or destruction. Islamic Shari'ah is also keen in making sure that the
lineages remain clear and accurate. This is the wisdom why protection of the
progeny is one of the cardinal objectives of Islamic Shari'ah. Due
to this noble objective it has vehemently prohibited anything that legalizes
pre- and extra-marital sexual relations, and also made punishable.
This further reveals the
comprehensiveness of Islamic Shari'ah and its applicability. That it
prohibits not only fornication and adultery, but all that may lead to them.
However, Bunza in his paper[11]
observed that removing hardship from people and providing them with solutions
to their problems through the observance of Allah's rules and regulations are
part of the objectives of Shari'ah. He also elucidated that the Shari'ah
harps on the need for individuals and communities to be pious and close to
Allah, enjoin what is good and avoid that which is evil and displeases Allah.
Need for the Shari'ah
Man's nature dictates that
he can only live properly within a society, and a society depends for its
existence on laws and regulations. Islam teaches that Almighty Allah has sent a
series of Messengers and Prophets with Divine laws for man's guidance from the
first day of his creation. The last Messenger was Prophet Muhammad (S.A.W.)
who brought the final and perfected message, Islam, as a guide for mankind
till the end of time. Many people think there is no need for God-made laws,
arguing that man has come of age and can make laws for himself. Man is a very
sophisticated creature; and since he did not create himself, nor did he create
the world in which he lives, he, therefore, is not the best candidate for
making laws for himself[12].
Similarly, Allah as the
Creator of man and the earth knows better how human beings should live. The
"instruction manual" that Allah sent for us is known as the Qur'an.
Almighty Allah did not only send the Qur'an, He also sent an instructor the Prophet
(S.A.W.), to live in accordance with its dictates and principles. The Prophet
of Islam brought the Qur'an to us and he provided practical examples for us in
his own life.
Comprehensive Nature of the Shari'ah
Muslims have strong belief
that Islamic law has Divine origin. It covers all aspects of life. It deals
with how to worship Allah and how to deal with others. Allah (S.W.T) commands
the believers to do certain things and bans them from doing others. Muslims are
of the belief that only Allah has the right to make things lawful and others
sinful and forbidden. The Islamic society however, can formulate or legislate
any laws for the improvement of life as long as they are not in contradiction
with the main guiding and permanent principles of Islam. It was born out of the
comprehensive nature of the Shari'ah that some issues will be considered
permissible, while others are not which results into five basic rulings under
which every human action can be classified. These are obligatory,
encouraged, permitted, discouraged and forbidden. As this law is
from Allah (SWT) the Creator, it is obeyed by the Muslims, on the authority
that He commands us to do so, and even encouraged them to understand the wisdom
behind the different aspects of the law.
Sources of Islamic Shari’ah
The first source of Islamic Shari’ah
(Islamic Law), unlike the English common law, is the direct words of Allah, the
Glorious Qur'an. The second source being the Sunnah or practice of
Prophet Muhammad (S.A.W.) who has rightly explained that ‘I leave two things
for you. You will never go astray if you hold them firmly; the Book of Allah
and the Sunnah of His Prophet’.
The third and fourth sources
of Islamic Shari'ah are ‘Ijma’’ consensus of opinion of Ulama'
and ‘Qiyas’ or analogical deductions, which provided detailed
understanding derived from the Qur'an and the Sunnah covering the
myriads of problems that arise in the course of man's life[13].
Ijma' on the one hand, plays an important role in Islamic law since it
provides a broad vehicle of progress and reconstruction based on the consensus
of the best generations of the Muslim Ummah on many issues of religious
life and experience. Qiyas on the hand equally provides an instrument to
cope with the growing needs and requirements of the society based on earlier
verdicts on issues that construed similar to what obtains in contemporary life.
What is more important here
however, is that the analogical deduction should be based on very strict,
logical and systematic principles and is not to be misconstrued as mere fancies
and imaginations of men. This, more importantly, depicts the Islamic Shari'ah
as having wider scope and purpose than an ordinary legal system in the western
sense of the term[14].
Similarly, alongside these mentioned sources, the Islamic Shari'ah also
gives consideration to Istihsan or juristic preference as against Qiyas
which helps in providing an elasticity and adaptability to the entire
Islamic legal system. Another source is Al-Masalih al-Mursalah which
deals with matters that are in public interest and which are not specifically
defined in the Shari'ah as elucidated by Imam Malik bn Anas and has
since become part of the sources of the Shari'ah system[15]. It
should not be out of place to note that the Islamic Shari'ah aims at
regulating the relationship of man with Allah and man with man. This is the
reason why the Shari'ah law cannot be separated from Islamic ethics.
This further reveals the fact that the process of revelation of various
injunctions of the Glorious Qur'an indicates that the revelation was coming
down whenever there is a kind of social, moral or religious necessity or when
some companions consulted the Prophet on important problems which had wide
repercussions on the lives of Muslims[16].
This, no doubt, concludes that the Sunnah or Hadith is the true commentary and
application of the Qur'an and the two are therefore the main sources of the Shari'ah
as all other sources are subsumed under the two.
Relevance of Shari'ah at all
times
The adaptation of Islamic Shari'ah
to all situations and circumstances is a major characteristic of Islam which
affirms its validity in every time and space. This is due to the fact that
Islam is the final message revealed to the last Messenger of Allah Muhammad
(S.A.W.). Thus, in order to achieve the aim of guiding human beings to the
right path of Allah, the Islamic Shari'ah has to be applicable in every
place and time. However, it is generally believed that in applying the
Shari'ah, two essential requirements are needed. These are; understanding
the sources through which the rules are derived and understanding the reality
in which these rules are applicable. In an effort to ensure its adaptability
and universality, the Islamic Shari'ah became part of the positive law
applied by the government of the early Muslim community, which was originally
conceived as an entity.
It is through this that the Shari'ah
is understood as a system of moral guidance for the individual believer. It can
be understood from this point that government in Islamic law exists only to
ensure that the Shari'ah is properly administered and enforced.
Therefore, governments are subordinate to the Shari'ah
and must execute its commands and prohibitions. And on the Day of Judgment each
human being will be held to account for any personal failures with the commands
and prohibitions of the Shari'ah.
Benefits of the Islamic Shari'ah
One of the benefits of the
Islamic Shari'ah is the responsibility assigned to those in authority,
making sure that their subjects are properly looked after. Since human beings
have various basic needs and the Islamic Shari'ah is to fulfill the
needs of the population wherever required. Islamic Shari'ah is not a
system based on collection of taxes, but every able Muslim has this
responsibility of giving out Zakat every year if he has the means. The charity
collected can be used by the system, wherever it seems fit. Similarly, the
strict laws in Islamic Shari'ah for committing crimes such as theft,
rape and murder will not only result in lower crime rates in the society, but
will also provide much needed sense of security. The most important thing with
Islamic Shari'ah is that it is just and treats everyone on equal basis,
since this is the law of Allah and not man-made.
Concept of Shari’ah and
Secularism in Nigeria
The 1999 Constitution did
not expressly proclaim Nigeria as a secular state. However, it prohibits states
and the Federal Government from adopting any religion as state religion, and it
guarantees every person the right to freedom of thought, conscience and
religion, as well as the right to freedom from discrimination on grounds of
race, sex, etc, and inter alia, of religion. On the other hand, the
Constitution enjoins the state to provide facilities for, among other things,
religious life. In addition, it makes provision for the establishment of
Shari’ah Courts of Appeal. The Constitution also provides for the taking of
oath of office by certain public officers. Although the Constitution is silent
on the sources of Nigeria law, Islamic law has been recognized as one of the
sources of Nigerian law.
Secularism is a protection
concept, defying all efforts to pin it down to a precise concrete proposition.[17] The
Encyclopedia Britannica defines "secular" as 'non-spiritual, having
no concern with religious or spiritual matters'.[18]
Though the concept of secularism is old, it acquired significance in British
liberal thought as a result of the writings of G.L. Holyoake, ‘the father of
secularism’, who laid down its basic principles in his famous books 'Principles
of Secularism' (1859) and 'The Origin and Nature of Secularism' (1896). The
term "secular" is chiefly used as a negative term with the meaning
non-ecclesiastical, non-religious, or non-sacred.
As a doctrine, secularism is
usually used in reference to any philosophy which forms its ethics without
reference to religious dogmas and which promotes the development of human art
and science.[19]The term
‘secularism’ was coined by George Jacob Holyoake in 1841, and he originally
used it to refer to the practice of the ethics of free thoughts. Holyoake did
not believe that secularism and atheism were related, but at the time Charles
Bradlaugh argued that atheism was a prerequisite for secularism. Holyoake wrote
the following about secularism in his 1896 English Secularism:
Secularism
is a code of duty pertaining to this life, founded on considerations purely
human, and intended mainly for those who find theology indefinite or
inadequate, unreliable or unbelievable. Its essential principles are three: (I)
the improvement of this life by material means. (2) That science is the
available Providence of man. (3) That, it is good to do good. Whether there be
other good or not, the good of the present life is good, and it is good to seek
that good.[20]
Today, perhaps the best
definition of secularism was given by Virgilius Ferm in his article in the Encyclopedia
of Religion, where he wrote that secularism is:
... a
variety of utilitarian social ethic which seeks human improvement without
reference to religion and exclusively by means of human reason, science and
social organization. It has developed into a positive and widely adopted
outlook, which aims to direct all activities and institutions by a
non-religious concern for the goods of the present life and for social
wellbeing.
According to Bernard Lewis,
the term "secularism" appears to have been first used in English
towards the middle of the nineteenth century, with a primary ideological
meaning.
As first used, it denoted
the doctrine that morality should be based on rational considerations regarding
human well-being in this world, to the exclusion of considerations relating to
Almighty God or the afterlife. Later, it was used more generally for the belief
that public institutions, especially general education, should be secular not
religious. In the twentieth century it has acquired a somewhat wider range of
meanings, derived from the older and wider connotations of the term
"secular." Thus, Secularism can be used in a much narrower sense when
conveying the idea that government and public policies should be
"secular" in nature. This usage does not reflect any sectarian and
religious ideals.
A plethora of religionists
support such uses of the term secularism, because in the public arena it puts
all religions and all religious beliefs on relatively equal ground with regards
to the government and public policies. Relative to this assertion is what was
reported and emphasized time and again during the discussions, for instance, in
the Constituent Assembly, which drafted the Constitution of India. It suffices
us to limit ourselves to what H.V. Kamath has said:
When I say
that a state should not identify itself with any particular religion, I do not
mean to say that a state should be anti-religious or irreligious. We have
certainly declared India to be a secular State. But to my mind, a secular state
is neither a God-less state nor an irreligious state.
Although from the Western
purview Secularity is taken to be the state of being free from religious or
spiritual qualities, to such an extent that eating a meal, playing a game, or
bathing are examples of secular activities, because there is nothing inherently
religious about them. Oppositely, in Islam the entire compass of an individual
Muslim is governed by the teachings embedded in the religious texts. Perhaps,
man is born with a moral sense, which clearly enables him to differentiate
between right and wrong, good and bad. This is the reason that even the
primitive societies had words that denoted difference between good and bad,
right and wrong.
Majority of all human
communities knew what was good and bad, and in order to actually submit to good
morality, one must eat one’s meal, play a game and take bath in accordance with
the dictates of the Shari’ah. This possibly has not been unconnected
with the fact that Muslims took their guidance from the teachings of the Last
and Noble Prophet, Muhammad (S.A.W.). According to Western ideologies and more
strictly secularism, saying a prayer or visiting a place of worship are
examples of non-secular activities. An approximate synonym for secular is
worldly; although this is often used from a Christian point of view. All these
views are not in tandem with the guidance of Islamic Shari'ah.
Evidently enough, of all the
religions in the world, only Christianity and Islam claimed to be all
encompassing. These two religions are credited with having achieved varying
measures of success in establishing and governing the political institutions according
to their respective religious ideologies and/or teachings. Considered
monotheistic, both account for the larger chunk of world population as their
adherents.[21]
It is for this very reason
that historians and social scientists have focused much of their comparative
studies on Christianity and Islam. However, one basic element in the value
system of Islam is the principle of equality. This concept of equality which
occupies a high premium in Islam and is applicable to all strata of men should
not be mistaken for or confused with identicalness or stereotype. Islam teaches
that, in the sight of Almighty Allah, all men are equal but they are not
identical. There are differences of abilities, potentials, ambitions, wealth,
and so on. Yet none of these differences can by itself establish a status of
superiority of one man or race over the other.[22]
The stock of man, the color of his skin, the amount of wealth he has, and the
degree of prestige he enjoys have no bearing on the character and personality
of the individual as far as Almighty Allah is concerned. The only distinction
Almighty Allah applies is the criterion of goodness and spiritual excellence.
In the Glorious Qur'an, Almighty Allah declares:
0
mankind, verily We have created you from a single (pair) of a male and a
female, and have made you into nations and tribes, that you may know each
other. Verily the most honored of you in the Sight of Allah is the most
righteous[23].
The differences of race,
color, or social status are only accidental. They do not affect the true
stature of man in the sight of Almighty Allah. Again, the value of equality is
not simply a matter of constitutional rights. It is an article of Faith Muslims
takes seriously and to which they must adhere sincerely. The foundations of
this Islamic value of equality are deeply rooted in the structure of Islam. It
stems from the basic principles such as the following:
(1) All men are created by
One and the Same Eternal Creator, the Supreme Lord of all
(2) All mankind belongs to
the human race and share equally in the common parentage of Adam and Eve;
(3) Almighty Allah is just
and kind to all His creatures;
(4) All people are born
equal in the sense that none brings any possession with him, and they die
equally in the sense that they take back nothing of their worldly belongings;
(5) Almighty Allah judges
every person on the basis of his own merits and according to his own deeds;
(6) Almighty Allah has
conferred on every person a title of honor and dignity.
Such are some of the
principles behind the value of equality in Islam.
When this concept is fully
utilized, it will leave no place for prejudice and persecutions. And when this
Divine ordinance is fully implemented, there will be no room for oppression or
suppression. Concepts of chosen and gentile peoples, words such as privileged
and condemned races, and expressions such as social castes and second-class
citizens will all become meaningless and obsolete. The Islamic laws, the two
powers -spiritual and temporal - are confounded and intermixed so that all the
acts of civil and political life are regulated more or less by Islamic
principles. In other words, the outcome will be perhaps even far better as are
sought through secularism.
Conclusion
At this crucial time on
earth, we have a universal need for Islamic Shari'ah. This has not been
taken care of under the umbrella of man- made law. These man-made laws brought
about wars and hatred amongst people than the world has ever known. Therefore,
the only way to practical and workable solution to this un-welcomed attitude to
this global need is for humanity to look to the side and reflect! Upon all the
problems that exist, our Maker and Creator, Allah, is showing us the need for
Shari'ah, which is a universal panacea that will meet the needs for all
that are crying out for justice. Almighty Allah declares in the Glorious
Qur’an: ‘‘0 Mankind! We have created you from a male and female.’’
Another interpretation of
this Ayah is that all human beings are brothers to one another. All of them are
descendants of one father and one mother. Almighty Allah emphasizes: ‘‘And We
set you up as nations and tribes so that you may be able to recognize each
other’’ (49: 13)
The justice to which Islam
invites its followers is not limited only to the citizens of their own country,
or the people of their own tribe, nation or race, or the Muslim community as a
whole, but it is meant for all the human beings of the world. Islam thus,
established equality for the entire human race and struck at the very root of
all distinctions based on color, race, language or nationality. According to
Islam, Almighty Allah has given man this right of equality as a birthright.
Therefore, no man should be discriminated against on the ground of the color of
his skin, his place of birth, the race or the nation in which he was born. In
fact, if anyone calls himself a Muslim and is found wanting in his dealings
with others, he should check his faith and adjust according to the teachings of
Allah and His Prophet (S.A.W.).
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[1] Din is more comprehensive in its meaning than the Western concept of
'religion'. Every aspect of life subscribes to the revelation from Allah.
Therefore, Din covers life in all of its various stages and
complexities. Simply it is a code for life.
[2] Qur'an 3:85
[3] Qur'an 87:8
[4] Human Rights Watch “‘Political Shari’ah’? Human
Rights and Islamic Law in Northern Nigeria,” Report 6 (9), 2004, p. 9.
[5] Nash, David, (1994). Secularism, Art and Freedom,
London: Continuum International, p84
[6] Qur'an 33:36
[7] Qur'an 67:14
[8] Qur'an 45:18
[9] Qur'an 2:159
[10] Qur'an 16:64
[11] M.U. Bunza, "Shari'ah Implementation: A Foundation for Social
Justice and Good Governance" being a paper presented at the 5th National
Conference of Shari'ah Implementing States in Nigeria, Organized by the
Ministry for Religious Affairs, Sokoto State held at Shukura Coral Hotel,
Sokoto from 22nd to 25th March, 2011, P. 2
[12] Sayyid Muhammad Rizvi, An Introduction to Islamic Shari'ah,
Ansariyan Publication, (nd), (np) available at
http://www.al-islam.org/introduction-islamic-shariah-smrizvi/ as at 20/03/2014.
[13] A.A.
Maududi, Towards Understanding Islam, IIFSO Publication, 1970, P. 143
[14] A.A.
Maududi, Op. cit, P. 6.
[15] A.R. Doi, Non-Muslims Under Shari'ah
(Islamic Law), (np), P. 8, (nd)
[16] A.R. Doi, Op. cit, P. 7, (nd).
[17]A.R.
Blackshleld, "Secularism and Social Control in the West: The Material and
the Ethereal," in G.S. Sharma (Ed) (1966) Secularism: Its Implications for
law and life in India, Bombay Tripathi p.63.
[18]The
Encyclopedia Britannica Vol. 20 (1955). p. 264
[19]McLeod, Hugh
(2000). Secularization in Western Europe. 1848-1914. Basingstoke: Macmillan
p.34.
[20]25. Martin,
David, (1978) A General Theory of Secularization. Oxford: Blackwell. p237.
[21]Basil Mitchell;
(1970)"Law, Morality and Religion in a Secular Society," London:
Oxford University Press, , p.7.
[22]Abdullah, Yusuf
Ali, The meaning of Glorious Qur’an, trs Surah Surah AI-Maida 5.8
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