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FATWA'S
AND DEMOCRATIC RIGHTS: THE TIME TO INTERVENE IS NOW
Rotimi
Sankore
Issue
date: 2002-12-05
The fatwa issued a fortnight ago against the ThisDay Journalist Isioma
Daniel by the Deputy Governor of Zamfara State in Northern Nigeria has
far-reaching implications beyond the immediate threat to her life,
press freedom, and the controversy surrounding Nigeria's hosting of
the Miss World beauty pageant. Before going further, it is important
to declare an interest in the matter. I am a journalist by training,
and have campaigned for press freedom, freedom of expression and human
rights in general all my adult life. I have also lived and worked in
Nigeria, campaigned against military dictatorship, and in the past
wrote a column and features on current affairs for ThisDay Newspaper.
This 'admission' does not in anyway disqualify me from commenting on
this issue, quite the contrary. I may also add, that although my
professional judgement is that portions of Isioma's article were
controversial, the fatwa against her is completely out of order.
What are the implications and significance of the fatwa beyond the
immediate issues?
Firstly, it is important to recognise that the issuing of a fatwa by
an elected politician represents a dangerous political phenomenon.
That is, one of a nascent dictatorship based on a fusion of religion
and the state (in a section of a secular country). This phenomenon
began with the passing of death sentences by stoning against allegedly
'adulterous' women in the name of religious law. In all cases, not a
single man responsible for the pregnancies or babies used as evidence
against the women was indicted. The failure of the Nigerian government
to intervene decisively to halt these blatant miscarriages of justice
permitted the phenomenon to expand its jurisdiction to cover press
freedom, freedom of expression and the arbitrary and extra-judicial
imposition of death sentences on other citizens.
Secondly, by first concentrating its initial attacks on the alleged
promiscuity of women, e.g. unwed mothers and beauty contestants in a
largely chauvinist society, this phenomenon was able to employ a
divide and conquer tactic, and also cloak the potential danger of its
spiked fist with a glove of dubious morality. We have not heard that
the Zamfara State government (or for that matter the Nigerian
government) is opposed to the giving away of teenage girls into
marriage. This in turn, highlights the inequalities in Nigerian
society in general and the country's constitution in particular. For
instance, the present Nigerian constitution written by the last
military regime, and accepted by the incumbent civilian government,
denies women many rights including the right to confer citizenship on
their non-Nigerian husbands through marriage, a right taken for
granted by Nigerian men. A senior government official once justified
this on the logic-defying basis that women are “easily carried away
by emotion” and may end up conferring Nigerian citizenship on
foreigners in exchange for love.
Thirdly, by advocating a legal and institutional framework which aims
to restrict the movement and activities of women, and deny them their
economic, social and political rights, Zamfara and other states
advocating similar laws will by default literally 'bury' half the
problems of their states in relation to unemployment, provision of
education and so forth in one stroke. The other side of this of
course, is that society is denied the benefit of half of its skills,
talent and productive forces. It is significant that high unemployment
and deepening poverty in some states have provided armies of
unemployed and desperate youth easily converted into raging mobs by
cynical manipulation of some religious and political leaders.
Fourthly, the violent protests orchestrated by political and religious
opportunists and the issuing of the country's first ever political
fatwa could be interpreted as a testing of the waters, and a show of
strength by potential demagogues to see how far they can go without
being challenged by secular and democratic forces, or even other
Islamic leaders.
It is necessary to point out here that the problem is not with Islam.
Christian fundamentalists in the United States for instance have
regularly attacked and even killed doctors running family planning
clinics and women attending them. Despite carrying out these acts of
violence with thinly veiled and tacit support of right wing religious
and political leaders, no one in their right mind can allege that the
problem is with Christianity. To further emphasise this point, women
in predominantly Muslim countries such as President Megawati
Sukarnoputri in Indonesia, Benazir Bhutto in Pakistan, Tansu Çiller
in Turkey, and Begum Khaleda Zia in Bangladesh have emerged as
democratically elected leaders. In 'conservative' countries such as
Saudi Arabia or Afghanistan under the Taliban where democratic rights
are suppressed, elections are not held - never mind the emergence of
women leaders.
Within this context, the problem of invoking religion and narrow
interpretations of religious morality to suppress democratic rights
can be seen more as a device by members of ruling elites or opposition
groups to build social and political support for their political
agendas, rather than as a strictly religious problem. This problem is
only religious to the extent that at best, it reflects the
undemocratic interpretation of a religious school of thought. In order
to stop such undemocratic schools of thought from gaining political
ground and suppressing democratic rights, the time to intervene is
now.
Individuals, whether public officials or private citizens, cannot be
allowed to commit crimes with impunity in the name of religion which
otherwise would not go unpunished. Calling for the arbitrary murder,
execution or assassination of anyone is a crime regardless of if it is
done in the name of religion.
If the Nigerian government is not to create a dangerous precedent, the
Inspector General of Police must at the very minimum commence
investigations into the statements and actions of the Zamfara State
Deputy Governor Mamuda Aliyu Shinkafi.
Nigeria's President Olusegun Obasanjo and all democratic and judicial
institutions of the Nigerian government must also go beyond opposing
the Fatwa, and reaffirm unequivocally the supremacy of all
constitutional and democratic rights over any pronouncements by any
person, whether public office holder or private citizen. These rights
include media freedom, and the fundamental rights to opinion, free
expression, association and life.
In addition, the Nigerian government must recognise and affirm that it
is not the place of the government or private individuals to punish
the media for errors or the content of news reports, features or
opinion articles. Any redress sought must be through the judiciary, or
through an independent ethics or complaints body not appointed by or
dominated by the government. The media cannot play its vital role of
sustaining democracy through holding the government and powerful
individuals to account if the government or private citizens can
arbitrarily arrogate to themselves power to punish the media.
To fully appreciate the consequence of not acting now, we must ask the
question: What would have been the consequence for democracy and the
unity of Nigeria if Isioma Daniel and the publisher of ThisDay Nduka
Obaigbena had been murdered by zealots carrying out the exaltations of
the Zamfara State Deputy Governor? What would have been the
consequences for the West African Sub Region of a chain of events
which could have led to widespread religious and ethnic conflict in a
country of one hundred and twenty million people? Without a shadow of
doubt, failure to halt 'politically' motivated rights violations at
the starting blocks, often have devastating consequences for society.
* Rotimi Sankore is Coordinator of CREDO for Freedom of Expression and
Associated Rights
* Send comments and views for publication to editor@pambazuka.org
Background Information:
On the 16th of November 2002, Isioma Daniel wrote an article on the
Miss World beauty pageant published in ThisDay, a Nigerian national
newspaper. In the article, which addressed the controversy over
Nigeria’s hosting of the pageant, she suggested that the prophet
Mohammed would have probably chosen a wife from the participants. The
article attracted complaints from Muslims and protesting youth torched
the Kaduna offices of ThisDay in Northern Nigeria. Over two hundred
lives were lost in the protests, and churches, mosques and other
property were destroyed in attacks and counter attacks by Muslims and
Christian youth. The federal government had to deploy the police and
army to restore peace, and imposed a curfew for some days.
The Newspaper publicly apologised for the article, and explained that
the Editor had tried to remove the offending sentences, but failed to
do so due to technological difficulties. The publication emphasised
that it is not anti-Muslim and has several Muslims in top management
positions. Some Muslim leaders accepted the apology and called on
fellow Muslims to do the same. But some other Muslim leaders refused
to accept the apology, and supported the Fatwa issued by the Zamfara
State Deputy Governor Mamuda Aliyu Shinkafi. The potency of the fatwa
was undermined by the fact that it was opposed by the country’s
leading Islamic body the Supreme Council for Islamic Affairs and some
prominent Muslim scholars on the grounds that the writer and the
publication had apologised, and that the Deputy Governor does not have
the authority to issue fatwa’s. The Nigerian federal government also
opposed the fatwa and press freedom groups in particular condemned it.
However, the Zamfara State government, which was the first Nigerian
State to introduce Islamic Sharia law, has not withdrawn the fatwa.
Isioma Daniel has fled the country.
Related Links:
* Nigerian Sharia state holds firm on fatwa
http://www.alertnet.org/thenews/newsdesk/L0222812
* What would Mohammed do?
http://www.alternet.org/story.html?StoryID=14688
* Soyinka blames federal government
http://allafrica.com/stories/200212020458.html
* Fed Govt Nullifies Fatwa
http://allafrica.com/stories/200211300099.html
* The truth behind the Miss World riots
http://www.guardian.co.uk/international/story/0,3604,850959,00.html
* Sultan Wants Perpetrators of Kaduna Riots Punished
http://www.thisdayonline.com/
mirrored
from pambazuka.org
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