Islamic World

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A lawyer in ZamfaraState advised Human Rights Watch that there had been occasions when Shari'a court judges had tried to stop attorneys from appearing in court docket and informed them that their presence was international to Shari'a.He described scenes where other individuals in the courtroom hadshouted the lawyer down, and one event when he himself had been compelled to go away. The Nigerian state has an obligation to provide legal assistance to defendants who cannot afford to pay for a lawyer.The Legal Aid Council, a parastatal physique, was created by the federal authorities in 1976 with the mandate of providing free legal assistance and recommendation to Nigerian citizens who could not afford the services of a non-public lawyer. Most of the attempts to implement a dress code for ladies have been undertaken by the hisbah, rather than the state governments.The exception is ZamfaraState, where a law was passed in 2001 prohibiting "indecent dressing in public" as properly "indecent hair cuts" for both men and women. One of the few feminine legal professionals to have acted on behalf of women sentenced by Shari'a courts was initially prevented from talking in courtroom by the Shari'a court judge, on the basis that female protection lawyers may only communicate via the male counsels on their teams. At least one boy beneath eighteen has additionally been sentenced to amputation in KatsinaState.In a case involving the theft of a bull, a boy aged fifteen and an adult aged nineteen have been tried by the decrease Shari'a court docket in Maska, KatsinaState, in 2002 and sentenced to amputation.A lawyer got here throughout them by chance in Katsina Prison, and filed an attraction on their behalf.Even although the thirty-day enchantment period had lapsed, the higher Shari'a court docket in Funtua agreed to register the attraction. He was introduced earlier than the Upper Shari'a courtroom in Dambatta and pleaded responsible.On the recommendation of the police, he additionally mentioned he had dedicated the offense alone, even though two different people had been concerned .The judge sentenced him to amputation of the best hand."The complete course of lasted ten minutes.I didn't have a lawyer.The judge did not tell me I might have a lawyer.After sentencing me, he stated I might attraction.I did not know amputation sentences existed.I just hoped I might go residence as a result of that was what the police had mentioned."
While most of the international public protests have been motivated by a genuine concern for the victims, a few of the media coverage within the West was unwell-knowledgeable and painted a sensationalist picture of the situation in Nigeria. Criticism among the many northern Muslim population has also centered on the way in which politicians seized on Shari'a of their pursuit of electoral success.In the run-as much as the 2003 elections, candidates for political office within the north, especially in the governorship elections, included faith as a central element of their election marketing campaign, and to a large extent, have been judged by the inhabitants on the diploma of their dedication, or lack of dedication, to Shari'a. An Islamic leader in KadunaState stated that all candidates for governorship in the north spoke of implementing Shari'a if they gained the 2003 elections, and claimed that saying they would not implement Shari'a would have been "political suicide." Other teams, particularly ladies's organizations, have prioritized work in the area of non-public standing legislation, for example activities on inheritance, custody and domestic rights, rather than legal regulation.
The existence of these two parallel constructions, each of which have obligations for implementing regulation and order, has resulted in conflicts of interest.The police is seen as a secular establishment, and consists of each Muslims and non-Muslims. By mid-2003, the hisbah had not but acquired any formal training, but state governments had requested the school of law at AhmaduBelloUniversity in Zaria, in coordination with the Centre for Islamic Legal Studies, to coach hisbah in all the states. In late July 2003, the ZamfaraState governor introduced the creation of a brand new hisbah commission and several different commissions to regulate and monitor the applying of Shari'a in the state. Shari'a implementation committees were arrange simply before the Shari'a legislation was introduced.They got duty for overseeing the actions of the hisbah.Their members had been chosen by state governors and include non secular leaders, legal professionals, and civil servants.In addition to supervising the hisbah, in addition they advise state governors on the implementation of Shari'a. The Zamfara State Commissioner of Justice and Attorney General of Zamfara State advised Human Rights Watch that there was a unbroken course of of coaching for judges and different members of the judiciary in Zamfara.He stated the coaching included periods on procedures and substantive legislation, in addition to the best of the accused to have legal representation.He mentioned the approximately one hundred Shari'a courtroom judges in ZamfaraState had all had three months' coaching, which included exams for former area court docket judges as well as newly-recruited judges. According to feedback supplied to LEDAP by legal professionals within the varied states, the training had resulted in some enhancements within the conduct of judges. The training was initially funded by personal corporations.A request was then made to the KanoState government to fund it, but by July 2004, the state government had not yet supplied any funding.
Other senior federal government officers, as well as members of the National Assembly, have additionally expressed their private opposition to sentences of demise by stoning.Bola Ige, who was Attorney General and Minister of Justice when Shari'a was first extended to criminal law in northern Nigeria, was among those that condemned these sentences. An additional complication arising from the exaggeration or distortion of the state of affairs in Nigeria in some Western circles has been a polarization of opinion among nongovernmental organizations.As talked about above, most Nigerian human rights and ladies's organizations have opted for a method of non-confrontation on Shari'a, preferring to work by way of the legal system or behind the scenes to achieve change.
Human Rights Watch has not carried out analysis into the appliance of Shari'a to civil and personal status legislation.However, a number of Nigerian nongovernmental organizations have been working in this space, notably to improve the standing of ladies and to teach girls about their rights. We want to thank the numerous people in Nigeria-too quite a few to list right here-as well as the human rights and women's organizations who contributed to our research and understanding of the issues by providing data, views and suggestions on the application of Shari'a in Nigeria. Contrary to all these provisions, the Shari'a legislation in drive in Nigeria is explicitly discriminatory on the grounds of religion-solely Muslims are subjected to Shari'a and the cruel punishments contained in its laws-and on the grounds of sex, with girls facing serious disadvantages each in law and in follow, as illustrated in this report. Article 2 of CAT requires each state party to "take efficient legislative, administrative, judicial or different measures to stop acts of torture in any territory underneath its jurisdiction" measures which state governments and the federal government in Nigeria have didn't take by permitting punishments corresponding to amputations to be supplied for in regulation and in apply. His language indicated that the federal authorities was still reluctant to take action itself on this level.He explained that states were autonomous and expected very little intervention from the federal stage.He claimed that when the northern state governments had introduced Shari'a, "it was troublesome for the federal authorities to say 'do not do it'." When Human Rights Watch met the minister again in July 2004, he mentioned that the state would supply a lawyer to anybody charged with a capital offense, and that judges ought to order a lawyer to take up any such case.
Their reluctance to precise criticism publicly seems to be based mostly totally on a concern of being labeled as anti-Islamic-a cost commonly leveled against perceived critics of Shari'a. Very few Muslims in northern Nigeria-nonetheless robust their criticisms of Shari'a are prepared to take the danger of being perceived on this method.The consequences of this self-censorship have been a virtual silence on the a part of northern civil society concerning the more controversial elements of Shari'a, including some of the extra blatant human rights abuses, and, for a very long time, the absence of genuine, open public debate on these questions. In 2000, Shehu Sani, director of the Civil Rights Congress, a human rights organization in Kaduna, was threatened and intimidated after criticizing the introduction of Shari'a; he had acknowledged in a radio interview that Shari'a was being used by politicians to extend their reputation and to insulate themselves from the people they governed.He claimed that following his interview, nameless pamphlets have been circulated, calling for him to be killed as a result of he was "anti-Shari'a," and clerics in several mosques in Kaduna condemned him for his feedback. Since the extension of Shari'a, there have also been spiritual tensions and sporadic incidents of violence in several different northern states, together with Kano, Jigawa, and Bauchi.Some though not all of these were sparked by disagreements over the introduction of Shari'a to felony legislation; more generally, Shari'a had the effect of hardening positions and accentuating the polarization between Muslims and Christians. The relationship between the hisbah and the police has been sophisticated.While the hisbah had been arrange by state governments, the police throughout Nigeria stays a federal establishment, answerable to federal and never state buildings.
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