Question
I am a Muslim and live in Nigeria (West Africa).
I’d gone through some of your responses to questions posted on this website.
I’m in love with your answers. Allah has given you immense wisdom to tackle critical issues. May Allah SWA continue to strengthen your effort in Da’wah.
There has been a social misunderstanding among the Nigerian Muslim Ulemah regarding Shar`iah.
Nigeria is a secular state (country) with a diversified cultural background (over 250 ethnic groups exist). The population is composed such that Muslim dominates (over 90%) in the north-west and Christians too over 90% in the south-eastern part of the country. There are other religious groups though sparsely scattered across the country.
Democracy is the system of government in this country and there is a written constitution (British colonialism); which is binding on ever citizen.
Recently, about 2 years ago precisely, the northern states started agitating for the implementation of the Shariah legal system in their individual territories. This action led to serious religious crisis and there was wanton destruction of lives and property. The non-Muslims in the other parts of the country as well as the ones living in these Muslim-dominated regions went to war. Claiming that they did not recognize and would not allow the implementation of Shari’a law anywhere in the country. So both Muslims and the non-Muslims
started killing one another mercilessly.
From my observation, the people that were agitating for Islamic states did not even carry out any form of enlightenment campaign. I live in this country, and as a Muslim I didn’t hear nor read any article on propagation of Islam or even a symposium on the importance of shari’a law.
The shameful act which instigated me to write to you is that; Muslim scholars across the country have differed opinions and “personal feelings (based on political motivation and interest)”, on this issue. They have been attacking one another citing Koranic and hadith references to support their claims. The situation has seriously damaged the image of Islam in the face of non-Muslims in the country. Though Allah (SWA) in His Infinite mercies Has shown us that Islam, no matter the level attack on it would always prevail. More non-Muslims have embraced Islam in recent times.
Now, my questions are:
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Is it Islamically legal for these states (the northern states dominated by Muslims) to establish the Shari`ah legal system?
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If it is legal, then, what are the lawful procedures for implementing it and who are those affected – Muslims only or does it affect even non-Muslims living in these states.
Please give me clarifications on this issue, including references. In the future I shall be contacting you on general matters on Islamic affairs.
May Allah continue to bless you.
Wassalamu Alaikum
Answer
From the perspective of the common man, it is indeed desirable that a Muslim population be ruled according to the directives of the Shari`ah, for that is precisely why the Shari`ah entails directives relating to the collectivity. However, from the perspective of Muslim rulers, it is not merely ‘desirable’ that they run the collective affairs of a Muslim population according to the rules outlined by the Qur’an and the Sunnah, but is, in fact, their responsibility to do so. If the Muslim rulers refuse to run the collective affairs of the Muslim collectivities according to the directives of the Shari`ah, they shall be held accountable and shall have to face the dire consequences of doing so, in the Hereafter.
Keeping the foregoing clarification in perspective, let us now turn to your specific questions. Your first question is:
Is it Islamically legal for these states (the northern states dominated by Muslims) to establish the Shari`ah legal system?
If the Muslim dominated states enjoy independence and are politically in a position to pass the legislations of their choice, then it is, indeed, the responsibility of their Muslim political representatives to try to implement laws, which, according to the best of their understanding, are in keeping with the directives of the Shari`ah. However, from a practical perspective, the efforts for the implementation of any laws in an independent Muslim state must always be subject to the prevalent laws of the land as well as to the universal moral and ethical standards. This rule implies that no such method should be adopted for the implementation of any laws – even the laws of the Shari`ah – which, under the prevalent legal system, are deemed illegal or are generally considered immoral by the society. Furthermore, because the basic principle propounded by the Shari`ah for running the collective affairs is to decide on the basis of consultation, therefore it follows that all legislations should be implemented and altered only when such implementation and alteration is supported by the majority of the members of that particular collectivity. Operating within the legal and moral framework of the collectivity and accepting the principle of majority rule, it is perfectly allowable for Muslim politicians to try to implement laws, which according to their understanding, are in keeping with the directives of the Shari`ah.
Your second question is:
If it is legal, then, what are the lawful procedures for implementing it and who are those affected – Muslims only or does it affect even non-Muslims living in these states.
For my answer to this question, please refer to one of my earlier responses to a similar question titled: “Must non-Muslims in an Islamic State Conform to the Shari`ah?” and “Regarding non-Muslims and the Shari`ah“.
I hope this helps.
Regards,
Moiz Amjad
January 21, 2002