The two most common religions in Nigeria, Islam and Christianity, as well as the traditions of the people forbade homosexuality. 10 of 2000 written by the Honourable Attorney General of the State then, Ahmed Bello Mahmud and the note written under punishment of offences committed in the state clearly declare that the sharia penal code does not apply to non-Muslims, unless they consent in writing. ZAMFARA STATE OF NIGERIA SHARIA'AH PENAL CODE LAW JANUARY, 2000. This page was processed by aws-apollo-4dc in 0.216 seconds, Using these links will ensure access to this page indefinitely. According to the police, the hisbah were armed with knives, sticks, and various swords. presented about five weeks ago but were returned to the committee for the upgrading of the criminal procedure rules which are to serve as "Nigerian teen jailed for blasphemy has sentence quashed", "Nigeria: International Religious Freedom Report 2008", "The enforcement of Shari'a and the role of the hisbah", "Outrage as Nigeria sentences teenage boy to 10 years in prison for blasphemy", "Here are the 10 countries where homosexuality may be punished by death", "Three men sentenced to death by stoning for being gay in Nigeria", "Hisbah Bans Use Of Mannequins For Display Of Clothes By Tailors, Boutique Owners In Kano", "Kano govt. Publishers named above each report are responsible for their own content, which AllAfrica does not have the legal right to edit or correct. 09-81, 20 Pages In 1999, those states chose to have Sharia courts as well as Customary courts.[4]. the sharia penal code and the criminal procedure code which have been the obstacles against the full application of islamic legal laws in sokoto state since 29th may, 2000 when the state. The hisbah in Gombe state "has no legal backing", no supporting legislation, no "state funding, and is made up of volunteers" who "sometimes have to contribute financially to the running of the organization". Any woman who has a feeling of love for another woman or girl and went ahead to employ the means of . [2] For example, as of 2016: Penal Code & Sharia Penal Code by Kano State (Nigeria), 2004, LawLords Publications edition, in English - 1st. The criminal code is applicable to the Southern states of Nigeria, whilst the Penal Code and Sharia Penal code are applicable in the Northern States of Nigeria. 5 Nigeria operates penal as well as criminal codes. manatee school for the arts transcripts. M., Sharia implementation and female Muslims in Nigeria's Sharia State (2007).The introduction to the Sharia Penal Code of Zamfara State Law No. Administrative Code means the San Francisco Administrative Code. a4VYv>0c$IRbiIB$&YH{}}9=}z7xg]~}r?gcW ?eAz#F+'/ This article concludes that the adoption or implementation of the Sharia Penal Code in the face of the clear provision of section 10 of the 1999 constitution gives an impression that the said section 10 is not potent enough as it looks only as a declaratory provision without any legal venom to forestall or deter the government of any state from adopting a religion as state religion. The essay begins with a brief history of the penal law of the northern states of Nigeria, from the colonial period up to 1999/2000, when twelve northern states began their programmes of. In January 2019 the 11 women were fined by the Sharia court under the states Immoral Acts law. iNMj7@=P3;s 7uH8yrrM.^zJt!zch$4 have been the obstacles against the full application of Islamic legal [17] In 2002, a man who pleading guilty to murdering a woman and her two children, was convicted under Sharia laws in Katsina State and hanged. Sharif was sentenced to death in 2020 for alleged blasphemy, but following international outcry, a Kano high court ordered his retrial. In approaching the Sharia Penal Code, the CILS group relied mainly on first, the KANO, Nigeria, June 23 (Reuters) - A Nigerian court on Thursday reserved judgment on a challenge against sharia law in the mostly Muslim northern state of Kano in a . The death penalty is provided for in Nigeria not only in the Penal Code and Shari'a legislation in force in northern Nigeria, but also in the Criminal Code, which is in force in the rest of the . UK Data Protection Legislation means all applicable data protection and privacy legislation in force from time to time in the UK including the UK GDPR; the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended. Although the three different pieces of legislation use different terms in their definition of rape, the legal effect is the same - rape is committed when a man has sexual intercourse with a woman without consent. References to sections of the Social Security Act shall be construed to refer to any successor sections. Sections 144-145 Theft (Sarigh): "Kano and Zamfara hisbah have their foundations in state law", "have a legally sanctioned board or commission with state-wide powers", and get state funding to pay the salaries of "thousands of people". Use of Sharia in Nigeria: Sharia plays no role in the judicial system. . These state authorities have argued that by virtue of section 6(5) (K), the 1999 constitution gives power to Nigeria's component states to establish courts, and may be authorized by law to exercise jurisdiction at first instance or on appeal . x[ }}+ This has caused controversy because while the Sharia Court of Appeals interprets and reviews cases relating to Islamic law, they must also interpret the common and customary laws of the other regions of Nigeria. In Nigeria, Sharia has been instituted as a main body of civil and criminal law in twelve Muslim-majority states since 1999, when then- Zamfara State governor Ahmad Sani Yerima [1] began the push for . On the specific titles of the various laws as indicated above, see Rudolph Peters, Islamic Criminal Law in Nigeria 51-53 (2003). '&UTGA(=1:" R3g/:qOW{R{0*%UBZ.hL::Xc8:r gvL bax8\E penal codes the southern part of nigeria makes use of the criminal code while the northern part of nigeria makes use of the penal code get the criminal "[12][13] In August 2021 it forbade the use of mannequins with heads to advertise clothing in shops, Ibn Sina stating, "Islam frowns on idolatry. This violates Islamic provisions, it is also responsible for immoral thoughts among some members of the public, all these are against Islam. The essay concludes with a discussion of the arguments for and against the project to harmonise the Sharia Penal Codes undertaken by the Centre for Islamic Legal Studies at Ahmadu Bello University. "[2], According to Human Rights Watch, hisbah activities in Nigeria bear a similarity to other vigilante groups in that country, in that they are "made up mostly of locally-recruited young men who usually patrol their own neighborhoods and sometimes instantly administer punishments on people suspected of carrying out an offense, without, or before, handing them over to the police". In Nigeria, Sharia has been instituted as a main body of civil and criminal law in twelve Muslim-majority states since 1999, when then-Zamfara State governor Ahmad Sani Yerima[1] began the push for the institution of Sharia at the state level of government. onward submission to the Sokoto State House of Assembly. You can subscribe by visiting our subscription page. The two laws that replaced it . About Us. For instance in 55 (1) (d) of Sharia Penal Code, the criminal code enforced in the Northern Part, a man is empowered to correct an erring child, pupils, servant and wife. Get the latest in African news delivered straight to your inbox. [3] Yahaya Sharif-Aminu, 22-year-old music studio assistant was sentenced to death August 10 2020, for making "a blasphemous statement against Prophet Mohammed in a WhatsApp Group," was "remitted back to the Sharia court for a retrial due to procedural irregularities". Foreign Benefit Plan means any Employee Benefit Plan established, maintained or contributed to outside of the United States of America or which covers any employee working or residing outside of the United States. Leiden: Brill Academic Publishers. 4, 'The Sharia Penal and Criminal Procedure Codes', Ibadan: Spectrum. By submitting above, you agree to our privacy policy. The new Sharia Penal Codes enacted at that time are then described and discussed. JORC Code means the Australasian Code for Reporting of Exploration Results, Mineral Resources and Ore Reserves prepared by the Joint Ore Reserves Committee of the Australasian Institute of Mining and Metallurgy, Australian Institute of Geoscientists and Minerals Council of Australia, as amended; Data Protection Law means the applicable legislation protecting the fundamental rights and freedoms of persons and their right to privacy with regard to the processing of Personal Data under the Agreement (and includes, as far as it concerns the relationship between the parties regarding the processing of Personal Data by SAP on behalf of Customer, the GDPR as a minimum standard, irrespective of whether the Personal Data is subject to GDPR or not). . previous planning legislation means any planning legislation that is repealed by the Act or the provincial legislation; Standard health benefit plan means a health benefit plan developed pursuant to section 379.944]. In its short title Section 1 provides that the Law may be cited as 'The Penal Code Law of Adamawa State, 2018' and that it shall come into operation on the 10th day of December, 2018. The judgment document states that Sharif-Aminu, 22, was convicted for making "a blasphemous statement against Prophet Mohammed in a WhatsApp Group," which is contrary to the Kano State Sharia Penal Code and is an offence which carries the death sentence. Borno, Gombe and Yobe have not yet begun to apply their Sharia Penal Codes. The 1972 Family Code (Code de la famille) is secular in nature. Ostien, Philip, Nigeria's . [11], As of June 30 2021, the Kano State Hisbah Board (Kano State is the most populous in Nigeria as of the most recent census) banned the use of mannequins "to display clothes by tailors, supermarkets and boutique owners" in Kano state. Most comprehensive library of legal defined terms on your mobile device, All contents of the lawinsider.com excluding publicly sourced documents are Copyright 2013-. the bedrock for total Sharia application in the state. Section . IMDG Code means the International Maritime Dangerous Goods Code, for the implementation of Chapter VII, Part A, of the International Convention for the Safety of Life at Sea, 1974 (SOLAS Convention), published by the International Maritime Organization (IMO), London; The revised school code means 1976 PA 451, MCL 380.1 to 380.1852. 1493 0 obj<>stream cited a provision of section 131 of the sharia penal code when he sentenced Abdullahim Abubakar Barkeji . It studies how this system may Commercial Code means the French Commercial Code. To learn more, visit It exists within the Federal Capital Territory of Nigeria and is a part of the Unified Courts System. announced that it had commenced Sharia implementation, have finally An Appeal Court in Kano will hear a constitutional challenge against sharia law today, in a case filed by 22 year-old singer Yahaya Aminu Sharif. 2007, Sharia Implementation in Northern Nigeria 1999-2006: A Sourcebook, Vol. The new Sharia Penal Codes enacted at that time are then described and discussed. The rest of Nigeria has a mixed legal system of English common law and traditional law. The new Sharia Criminal Procedure Codes enacted in 1999/2000 and subsequently, when twelve northern states began their programmes of sharia implementation, are then described and discussed. "[5] While there are not set laws on hisbah procedure, according to a "common understanding" of what hisbah are allowed to do, "they are expected to arrest criminals", but not "to enter peoples private homes or spy on them merely on the basis of suspicion". {Y",y`ozQ0JPT#.5$",7t"s.Y d04lI/d\E(J)ZH@kFC(ZEp$BC`+gDA)BXDA RA*cJ0=A{ IF)hhOu$=XChhd40wkV4K8_h j@@\|Hz?6=ZFC{kdz\d]I@,ifq|nj3fqS6Mmh-CJj6eW}]tMjWKjdXKj>u\NAdAU,IT@"!l$]LEK2A44d4ZY$%A4{Fr2v/ZC"!Zr$dxQ2p Section 55 (1) (d), subject to customs that have been recognized as lawful, allows a husband to "correct [] his wife" as long as it does not amount to "grievous hurt.". The Kano state government is opposing the appeal, arguing that sharia law does not violate the constitution, a view held by many in northern Nigeria. Therefore abuse, violence and discrimination against women go unpunished as they are wrongly considered to be socially acceptable. AllAfrica publishes around 600 reports a day from more than 100 news organizations and over 500 other institutions and individuals, representing a diversity of positions on every topic. [2], Blasphemy is a criminal offense in both the Nigerian civil law and shari'a law. +254 705 152 401 +254-20-2196904. [15], In 2020, the Kano state Islamic police shaved off the Mohawk hairstyles of young men on the pavements of Kano city. The Sharia Penal Code justifies a reasonable amount of physical chastisement of a wife, as long no grievous harm takes place. laws in Sokoto State since 29th May, 2000 when the state government Between 1999 and today, ten northern states have ratified the implementation of the Sharia Penal Code. [9], in December 2018, several women in Kano were arrested by the Hisbah for allegedly planning a same-sex wedding. Ostien, Philip, Nigeria's Sharia Penal Codes (August 24, 2009). Some of the Penal Codes (Niger, Kano, and Birnin Kebbi states) specify that men's testimony will be worth more than that of women. Sharia Penal Code), Kebbi (Penal Code (Amendment) Law, 2000 and Kebbi State Sharia (Administration of Justice) Law, 2000), Jigawa (A Law to Establish Sharia Courts in Jigawa, 2000), and Yobe (Sharia Penal Code, 2001). Section 138 Gross Indecency: - 40 lashes + 1 year imprisonment + possibility of a fine. Sections 139-143 Qadhf (False accusation of Zina): - 80 lashes + testimony before a court not admissible unless the person repents; extends also to certain kinds of defamation. Municipal Code of Chicago or "MCC" means the Municipal Code of the City of Chicago. %[Gt{bGd0nu>87Ro0]hw|,a.g{w7'3w3MYc@W}Ur:vUl|4([fKTi]mM|,mZelSfW6.*b_-Lj~2=!g+2mERZp66N0/dl6>kyt~iY?w7JE8l8Tt"4 y/O@8/ sy%L{e1p#p=&qIa@87#ea5KcvI$R'b7H#}|#Tii#Nnm#+^~/FC%,GfA~.T7\ZVTLk}~SG.Uk -V"\V/_MXy.,Gtr\qJNZ 7WMtmK+sMGF.pG8xZez~AzxNr\c)_K#Yy-;;Tw_suT?w9xIsKHgR31y?_z69kqx'BB]ONY`pLwlJ;aFW[pi;bi|V.lR+lz&l$>R_KKkK+KCxCxKACj\M-^~!zz6jN~&U}e|7 3-21, Philip Ostien, ed., Ibadan: Spectrum Books Ltd., 2007, Islamic Law and Law of the Muslim World Paper No. [14], In 2020 the Kano State Hisbah Board implemented the destruction of 1,975,000 bottles of beer worth over N200 million (almost $500,000 USD) that had been confiscated within metropolitan Kano. In 2004, the conviction was overturned by the Sharia court of appeal, it ruled that pregnancy was insufficient evidence for the sentence to be carried out and Lawal returned to private life. REUTERS/Stringer/File Photo. superannuation benefits means pensions, gratuities and other allowances payable on resignation, retirement or death; Model Code shall refer to the OEM code used to identify a particular subset of a Vehicle Model. "As a Muslim, I support the sharia penal code . 7nFxQAn)mhV_).xeJk9 `9kwFt'm?=i;C wpnp|PM~ voNdO7L[ v")k7V`Hn In practice, "these and other guidelines" have often been disregarded and peoples "right to privacy" violated. carried out both under the Penal Code, the Criminal Code and new Sharia penal law. The legal system of Senegal is based on French civil law. In May, Mercy Corps released a report entitled, Fear of the Unknown: Religion, Identity, and Conflict in Northern Nigeria, which reported on the religious attitudes of northerners it surveyed to gauge . I assent this 27th day of January, 2000 Alhaji Ahmad Sani (Yariman Bakura) Governor . The implementation of Sharia Penal Codes in northern Nigeria is flawed in several respects. Kaduna The Sharia Penal Code and the Criminal Procedure Code which [2] According to some critics (Leo Igwe, chair of the board of trustees for the Humanist Association of Nigeria), the adoption of Sharia law violates Article 10 of the Nigerian constitution guaranteeing religious freedom. The essay begins with a brief history of the penal law of the northern states of Nigeria, from the colonial period up to 1999/2000, when twelve northern states began their programmes of sharia implementation. [5], Human Rights Watch sees as problematic the fact that "the majority" of hisbah members have "a low level of formal education, no background in law, and no training in law enforcement or procedures for arrest, investigation, or gathering of evidence. Citation and commencement; This law may be cited as the Shari'ah Penal Code Law, 2000, and it shall come into operation on 27th day . According to the Sharia penal codes in force in 12 northern states, the definition of someone who has committed zin is "whoever, being a man or a woman fully responsible, has sexual intercourse through the genital [sic] of a person over whom he has no sexual rights and in circumstances in which no doubt exists as to the illegality of the act . Sharia's cruel penal code -- calling for punishments such as amputations, floggings, stonings and executions -- had been outlawed since 1960. Keywords: Nigeria, Islamic criminal law, Islamic penal law, sharia, sharia penal codes, Suggested Citation: IV, Chapter 4, pp. Foreign Benefit Law means any applicable statute, law, ordinance, code, rule, regulation, order or decree of any foreign nation or any province, state, territory, protectorate or other political subdivision thereof regulating, relating to, or imposing liability or standards of conduct concerning, any Employee Benefit Plan. Lawal's conviction provoked outrage both in southern Nigeria and the West, with many national and international NGOs lobbying the federal government to overturn her conviction. Two subsequent phases of the new Sharia Penal Code are to be introduced but their timing is not yet determined. 2PEPuhi:N,hQv "a group expected to promote Islamic virtue, whilst discouraging vice". . EU Data Protection Law means (i) prior to 25 May 2018, Directive 95/46/EC of the European Parliament and of the Council on the protection of individuals with regard to the processing of Personal Data and on the free movement of such data ("Directive") and on and after 25 May 2018, Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data (General Data Protection Regulation) ("GDPR"); and (ii) Directive 2002/58/EC concerning the processing of Personal Data and the protection of privacy in the electronic communications sector and applicable national implementations of it (as may be amended, superseded or replaced). Human Rights Watch is not aware of any women joining the hisbah in Nigeria. Nigeria Penal Code Act (1960) Abortion and reproductive health rights, Domestic and intimate partner violence, Gender discrimination, Sexual violence and rape, Statutory rape or defilement. Human Rights Watch interviews with Hotoro Divisional Police Officer and police investigator, Tarauni, Kano, July 30, 2003. There have been numerous riots over the implementation of Sharia, primarily involving non-Muslim minorities in the states that implemented the system. Nigeria's Sharia Criminal Procedure Codes. November 2007; In book: P. Ostien, ed., Sharia implementation in northern Nigeria 1999-2006: A sourcebook (pp.171-203) . To address comments or complaints, please Contact us. Several guests, musicians and members of the wedding ceremony were beaten and injured. In 2014, homosexual men were targeted by Hisbah, the religious police. [5] market segmentation in tourism pdf; psychiatrist internship Most importantly, non-Muslims are not subject to the Sharia Penal Codes SHARIA AND NATIONAL LAW IN NIGERIA 601. Posted: 27 Aug 2009 [19], Some argue that as implemented in the north, Sharia violates the Constitution of Nigeria.[20]. Sharia applies in full, including personal status issues and criminal law. The penal code applies in the north, where there is a Muslim majority,. . In February 2019 citizens re-elected President Muhammadu Buhari of the All Progressives Congress party to a second four-year term. As in the 1960 ('secular') Penal Code, the Sharia Penal Codes continue to permit husbands to beat wives. been presented to the state governor, Alhaji Attahiru Bafarawa, for , Data Protection Legislation means the Data Protection Act 1998, the EU Data Protection Directive 95/46/EC, the Regulation of Investigatory Powers Act 2000, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (SI 2000/2699), the Electronic Communications Data Protection Directive 2002/58/EC, the Privacy and Electronic Communications (EC Directive) Regulations 2003 and all applicable laws and regulations relating to processing of personal data and privacy, including where applicable the guidance and codes of practice issued by the Information Commissioner; Dutch Civil Code means the Dutch Civil Code (Burgerlijk Wetboek). 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