Extension of Shari'ah in Northern Nigeria: Human Rights Implications for Non-Muslim Minorities

Muslim World Journal of Human Rights 2 (1) (2005)
  Copy   BIBTEX

Abstract

States in northern Nigeria are the latest in a list of political entities around the world formalizing religious law, or institutionalizing Shari'ah, into their public law system. Shari'ah applies in many Muslim-majority countries in the realm of personal law. However, when it is expanded and made to apply as part of public law, it carries enormous constitutional implications. This article examines the institutionalization of Shari'ah in twelve northern states of Nigeria in year 2000 and the likely implications on the constitutionally guaranteed rights of non-Muslim minorities in those states. Muslims' objection to the methodology of human rights discourse stems mostly from the need to maintain integrity of the family, safeguard the interests of the community in addition to those of the individual, and preserve religious belief as manifested in ritual and in daily life. The author argues that the core issue in preserving Muslim values without trampling on the rights of the minorities lies in finding a synergy for simultaneous application of Shari'ah and human rights. A synergy is imperative because neither has proved to be satisfactorily workable at the public law level for contemporary Muslims—neither Shari'ah as represented by fiqh literature, nor the secular oriented human rights. It concludes that it is the goal of justice that should be immutable rather than the means for achieving the goal. Therefore, reconciling Islam with protection of non-Muslim rights in a Muslim-majority constitutional democracy should present less conceptual difficulties and social tension than is presently the case.

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 90,593

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

Muslim Governance and the Duty to Protect.Irene Oh - 2013 - Journal of Religious Ethics 41 (1):15-19.
The Islam and Human Rights Nexus: Shifting Dimensions.Ann Elizabeth Mayer - 2007 - Muslim World Journal of Human Rights 4 (1).
Uncrossed bridges: Islam, feminism and secular democracy.Asma Barlas - 2013 - Philosophy and Social Criticism 39 (4-5):417-425.
Iranian Law and Women's Rights.Mehrangiz Kar - 2007 - Muslim World Journal of Human Rights 4 (1).
Islam in Malaysia: Constitutional and Human Rights Perspectives.Salbiah Ahmad - 2005 - Muslim World Journal of Human Rights 2 (1).

Analytics

Added to PP
2017-01-11

Downloads
9 (#1,079,720)

6 months
1 (#1,040,386)

Historical graph of downloads
How can I increase my downloads?

Author's Profile

Citations of this work

No citations found.

Add more citations

References found in this work

No references found.

Add more references