Published online by Guardian Newspaper (June 19, 2015)
http://www.ngrguardiannews.com/2015/06/shariah-and-quest-for-legal-pluralism-2/
MORE importantly, a new perspective to the spread of Islam and the
subsequent deepening of Shari’ah was the factor of “pre-destined
Muslims” through Ifa divinity.
At the inaugural lecture of Prof. Oloyede AbdulRahman on July 26
2012in University of Ibadan, he established in his research the presence
of strange corpus of Ifa called “Odu Imale” or “Otura Meji” in Yoruba
mythology. Oba Abibu Olagunju was a classical example of this mythology
that was born before 1817 to Lagunju/Oduniyi royal household of Ede in
Osun State.
As it was the practice among the Yoruba in those days to consult the
Ifa Oracle whenever a baby was born into a family, his parents consulted
Ifa Oracle and what came out was “Otura Meji” which revealed that the
child was a pre-destined Muslim who must grow up as a Muslim and who
would not be a devotee of any idol worshipped by his parents and even
other Yoruba gods.
Oba Abibu Olagunju, the first Muslim monarch of Ede, gave Shari‘ah
official recognition in the second half of the 19thcentury. Oba Momodu
Lamuye in Iwo was also a “pre-destined Muslim”that established Shari‘ah
during his reign. Likewise, Oba Aliyu Oyewole of Ikirun was “pre-destined” and reported to have opened a Shari‘ah court in his own jurisdiction.
All these show that the spirit of Islamic thought have taken root in
Yorubaland before the advent of colonialists. Although the presence of
British colonialists in Yorubaland led to theabolition of Shari’ah in
some places where they met it, the Muslims there did notrelinquish their
religion as well as the Shari’ah.
Prof. Dawood Noibi briefly mentioned application of Shari’ah in
Yorubaland in his book – Islamic Perspective: A Comprehensive Message –
that in parts of pre-colonial Yorubaland, justice was dispensed
according to Shari’ah. He further asserted that although the British contrived and abolished
the Shari’ah in Yorubaland, Muslims in some parts of this area did call
for the resuscitation of Shari’ah for the purpose of adjudication among
Muslims. This explains the fact that clamors for Shari’ah is not only a
Northern Agenda but a natural part of Islam.
In fact, the clamor for the official re-introduction of Shari’ah law
in Yorubaland is not a new phenomenon. The first move in that direction
was said to have been made in 1923 when the Lagos Muslim Community
petitioned the colonial administrations for the creation of Shari’ah
courts following the non-consideration of Islamic divorce rules by a
colonial court.
The Ijebu-Ode and Oyo Muslim Communities were also said to have
demanded the re-introduction of Shari’ah from the colonial masters in
1940 and 1944 respectively. It is obvious that Shari’ah evolved naturally in Yorubaland as a
divine law according to which Almighty Allah wants a Muslim to live. It
contains the injunctions of the divine will as applied to every
situation in life.
Shari’ah is therefore the guide of human action and encompasses every
facet of human life. By living according to Shari’ah, Muslims place
their whole existence in God’s hand thus sanctifies the whole of life
and gives a religious significance to what may appear as the most
mundane of activities. Law in Islam is an integral aspect of the revelation and not an alien
element. Therefore, it is a religious notion of law, one in which law
is an integral aspect of religion.
Moreover, Shari’ah law given to Prophet Muhammad (SAW) through the
Glorious Quran is an expanded version of Ten Commandments given to
Prophet Moses (AS) through the Torah as a divine injunction from the
Creator unto His creatures since both of them were sent by Supreme
Majesty, Almighty Allah (SW) on the path of Islam.This probably explains why Jewish Rabbinic courts and Islamic
Shari’ah courts exist alongside secular courts in Israel till date and
are officially recognized by the justice system in everything regarding
the personal status of Muslims. The judges of the Shari’ah courts are officially appointed by a joint
ministerial-parliamentary committee and their salaries paid for by the
state.
Ironically, the system began with an Act during British Mandate,
under which all recognized religious groups were allowed to deal with
matters such as marriage, divorce, inheritance and adoption in their own
courts. After 1948, the system was continued but only in matters of
personal status.
By law, the Shari’ah courts have exactly the same status as the
Rabbinic courts. No wonder Lord Phillips of Worth Matravers suggested
earlier in 2008 that aspects of Sharia should be adopted in Britain.
He said “It is possible in this country for those who are entering
into a contractual agreement to agree that the agreement shall be
governed by law other than English law.” Joseph Schacht, despite his
prejudices against Islam, declared in his work – An Introduction to
Islamic Law – that “Shari’ah is the most typical manifestation of the
Islamic way of life, the core and kernel of Islam itself.”
Similarly, contributory work of JND Anderson in the edited book –
Islam in Africa – sees the Shari’ah as “explicit and assured in its
enunciation of the quality of life which God requires of man and woman.”
Shari’ah suffered from “widespread misunderstanding” in Britain, Lord
Phillips said. And so also in Nigeria which is as a result of
transferred imperialists’ hatred. Part of the misconception about
Shari’ah is the belief that Shari’ah is only about mandating sanctions
such as flogging, stoning, the cutting off of hands or death for those
fail to comply with the law,” Lord Phillips asserted.
And what most people think they know of Shari’ah is that it is
repressive towards women and wedded to archaic and brutal physical
punishments.
TO BE CONTINUED NEXT WEEK. Engr. Dauda Ayanda, wrote from
Ibadan.
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