Undergraduate Projects/Long Essays

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Browsing Undergraduate Projects/Long Essays by Author "0bonyo, William Onegan"

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    The Sharia and Secular Society
    (Tangaza University College, 1998-03-16) 0bonyo, William Onegan
    Wherever people come to live together as a group, there must be some principles or norms upon which the group depends for legal matters. Such norms or code of conduct usually develop out of the unique historical experiences and needs of the people. The needs and experiences gradually may take shape into specific articulated norms that become points of reference binding to the people. The codes determine the nature and conducts of behaviour within the group. It is important therefore, that the group does acknowledge the concepts of Rule of Law, and need of Justice in those norms or rules. It is the task of the community to make objective law which aims at Promoting solidarity and protecting the fundamental rights and human dignity of all its member, in spite of whatever differences there may be. Thus, the purpose of a law within a given society is to ensure mutual narmony and peaceful coexistence in society. This is why I think that the communitarian APPROVAL AND RECOGNITION of any rule laid down for the governance of a given society, is of great importance. Failure to involve the community in the process of making a law, can lead to a feeling of being: rejected, alienated, colonised, dominated, controlled, oppressed... and God knows what! The result of such a situation normally leads to anarchy and endless conflicts between people who sincerely feel that their interests are not catered for by a national" law. In such situations, are there possibilities of citizens of the same state answering to two or more systems of law? How is that possible in practical terms within our modern state where citizens may ascribe to different value systems for determining their identity and accepted codes of behaviours? These are some of the questions I will try to explore in connection to some countries where the political leaders and governments try to make religious law in this case, the Shari'a, (the Islamic law) into national constitution juridically" binding for all citizens, Muslims and non-Muslims alike! Yet in principle the Shari'a should be binding only to Muslims who are its subjects. "Islam is a religion and a way of life based on the commandments of Allah contained in the Holy Qur'an and the Sunna of the Prophet of Islam, Muhammad. Every Muslim is under an obligation to fashion his entire life in accordance with the dictates of Qur'an and Sunna. So he has to observe at every step the distinction between what is halal(right) and what is Haram (wrong). This highlights the need and importance of his acquaintance with the corpus juris of Islam (Simi-Part. What is of importance is not so much the letter of the law, but the fact that any Law meant to govern society must help the people to draw together in solidarity and real unity. For instance, in the modern Western secular legal system the welfare of the individual and social utility are the determinant factors in making law. However, in the Islamic context, the theory is based on the belief in the divine revelation contained in the Qur'an and Sunna even though these may have very little legal theory. Whatever law there is, its purpose is the common good of the human person not vice versa. It must guarantee Freedom of expression, association and security to life and properties of all people. But above all, it must respect differences that exist within human groups. However, far from the ideal world in which the Rule of law and Justice determine human tnteractions, often what our eyes see on TV screens, or read from the dailies, let alone hear from the radios, we cannot help but feel umbfounded! Pictures of victims of government's orchestrated atrocities like the terrible genocide in Rwanda in 1994, the subsequent massacres of Refugees in former Zaire in 1997; and many other untold abuses of human rights hit us like rock in the face! This sometimes happens even in countries where the Rule of Law and the independence of the judiciary and democratic institution are supposed to be respected. One then wonders, how it is possible that a whole state authority can sanction a systematic abuse of its citizens! No one needs to beg for his or her rights from anyone, not even from the state authority. The respect for a human being, springs from the fact that of all God's creatures, man and woman are the Khalifa or vicegeren? of Allah on earth. I will try to explore areas of conflicts and complementary between the Shari'a and the secular codes of law. What are some of the common grounds of encounter between the Shari'a and secular codes that can be useful in promoting meaningful life for all people, especially, in areas of Crime and Justice, International and human rights, Civil and Constitutional laws?. Indeed, there are common areas to both systems of law, but their understanding and interpretation of law are not the same as we shall see later. Personally I am in no position to claim that I have the authority to criticize the inadequacy and injustice which some people have experienced in country using the Shari'a as the yardstick of moral, social, and ideal living. This is due to the religious implications attached to the Shari'a in the Islamic community. Yet, at the same time justice demands that where fairness is lacking it should be speedily delivered! But to deliver Justice in any society is not a simple task because in every society we find powerful groups of persons who will always try to employ any means to safeguard group interest at the expense of the vast majority in the society. For instance, in some countries, like Sudan, Iran, Afghanistan and Pakistan the "divine law" has become a powerful weapon of commanding unquestionable political authority.