Sharia and the Rights of Non-Muslims: A Case Study of Zamfara State

Abstract

As a result of the controversy generated by the introduction of Sharia Legal System in Zamfara State and other states in the North. This study "Sharia and the Rights of non-Muslims: A Case Study of Zamfara State" is undertaken. The purpose of the study is to examine all the controversies on the constitutionality or otherwise of Sharia. The workability of Sharia within the Nigerian Federal System. the issue of secularism, and the rights of non-Muslims residing in Zamfara State. The study also carefully analyses the evolution and the essentials of Sharia to Muslims as well as the reasons for its adoption by Zamfara State Government. In the course of undertaking this study. Interviews and written responses were obtained from Muslims and Christians alike. Other reference materials. Include publications, Books, Newspapers, and Library materials. Reference is also made to the provision of the Holy Qur'an the Sunnah of the prophet (SAV). The Constitution of the Federal Republic of Nigeria 1999 and various legislations made by Zamfara State Government for the implementation of Sharia in the State. The study also focuses on the position of Sharia in Nigeria before the coming of the colonialists. the gradual introduction by the colonialists of policies which replaced Sharia with the Common law, the resistance to these changes by the Muslim during the colonial and post colonial period and the reasons for its adoption by Zamfara State Government. Other issues highlighted and discussed include the problems of implementation and the fear expressed by non-Muslims in Zamfara State Consequentl. The study brings into focus the rights of non-Muslims under the Sharia State tracing their origin from the first Islamic State of Medina. These rights are carefully- analyzed within the context of the provisions of the Constitutions of the Federal Republic of Nigeria 1999. After careful data analysis. The study’s major findings include that the Zamfara State Government has made legislation for the protection of the non- Muslims from being taken to Sharia Court. The provision of Section 5( 11) of the Sharia Penal Code has restricted the application of the code to those who profess Islamic faith only The provision is found to be adequate and there is need for the enhancement of the code to enable it fully recognize Chapter IV of the Constitution aealing with the fundamental human right particularly Sections 33-46 in order to guarantee full fundamental rights of the non-Muslims as enshrined in the Constitution residing in Zamfara State. On the other hand, facts revealed by this study indicate that the non-muslims in Zamfara State are still not satisfied with these provisions. The position of non- Muslims in the State is that the implementation of sharia still curtail their fundamental rights which include the right to an their programme on ZamfaraRadio. The teaching of Christian Religious Knowledge. Denial of land to build churches. Lack of representation in the State Executive Council. Non-establishment of Christians Pilgrims Welfare Board, lack of avenue for the Christians and Muslims to meet and discuss issues affecting the non-Muslim in the process of implementation of Sharia. The study concludes with findings, recommendations and strategies for their implementation by Zamfara State Government and other states implementing Sharia in Nigeria.