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Amina
Lawal
26 September
2003
The Muslim Students Association and Islamic Culture
Theme House hail the decision of an Islamic court in Nigeria to overturn
the conviction of Amina Lawal who was sentenced to be stoned to death
for allegedly engaging in sex outside of marriage. The panel of five
judges cited procedural irregularities that contravened Islamic as
well as secular legal principles. While this case does not resolve
the existing controversy about whether Shariah and more specifically
Hudud punishments (amputation, flogging, stoning) should be institutionalized
in Nigeria, it does highlight the fact that an Islamic legal system
is capable of ensuring justice for the accused. In its substance and in the name of the court issuing it, the opinion
was based on Islamic legal rules. This is crucially important for
both Muslims and non-Muslims to keep in mind.
Muslims
need to be aware that this overruling does not represent some sort
of
secular dismissal of Islamic law and values. Rather,
it is an internal Muslim legal review of the accuracy and propriety
of punishments carried out in the name of Islam. Those inclined to
protest the decision as "un-Islamic" must consider whether
they oppose the result or oppose the reasoning leading to the result.
Both issues upon which the acquittal were based are core issues of
Islamic criminal justice, namely, the willingness of the confession
and the possibilities of gestational period known in Islamic law
as the "sleeping fetus doctrine".
For non-Muslims this case challenges presumptions that Islamic criminal
law inherently and always violates western human rights norms. As
illustrated by the Lawal ruling and earlier adultery cases in Nigeria,
there are numerous safeguards within Islamic jurisprudence to empower
the law to serve the greatest public good. Indeed, in Hudud cases,
the overriding principle has always been to avoid punishment if there
is any indication of doubt -- a principle successfully upheld in
this most recent case. All those concerned about the oppressive impact
Islamic law may have in Muslim countries should praise this ruling,
and be happy that it issued from a court sworn to uphold Islamic
law.
When global human rights activists oppose the idea of Islamic law
altogether, this only serves to create extremist opposition to what
is perceived as a new colonialism. This is why, in the midst of international
human rights appeals for action to help Amina Lawal, her own lawyers
pleaded with the world to stop the international secular pressure,
as it only made their appeals to the Islamic courts more difficult.
Rather than blanketly opposing Islamic law as a whole, we look forward
to the day when well-meaning activists learn to be more specific
in their concerns, identifying the exact impact of Islamic law which
concerns them, and work with Muslims utilising Islamic jurisprudential
tools to correct the injustice. Maybe, when that day comes, they
will also see those aspects of Islamic law which actually empower
women and men.
The real challenge for any government wanting to impose Shariah
is that the details of the law (both the spirit and the letter) must
be adhered to so that, as Shariah mandates, the rights of all citizens,
regardless of their religion, are upheld and respected at all times.
An Open Letter to President Bush
10 March 2003
Dear Mr. President,
We wish to add our voice to the rising national and international
chorus which stands in opposition to the proposed war on Iraq. As
American Muslims, we feel that such a war would be detrimental to
America, to the Muslim world, and to the future relationship between
the two for centuries to come.
Of course, Saddam Hussein stands as accused, a vicious dictator who
is a bane to his people. However, for better or worse, Iraq remains
a sovereign nation. The precedent of a preemptive war which tramples
this sovereignty, without a prior direct attack on us, or the imminent
threat thereof, is one which the international community has resoundingly
rejected, despite immense diplomatic pressure from the United States.
This alone should be sufficient grounds to reconsider the policy of
war.
A more focused analysis suggests that the current policy raises several
serious concerns:
1. War, as a general principle, should be a last resort against an
evil of such obvious magnitude that most citizens would immediately
recognize the need for war, such as the Holocaust, the attack on Pearl
Harbor, or the genocide in Bosnia. All polls thus far, even those
which show a majority or plurality of opinion in support of the war
on Iraq do not approach the near-unanimity of opinion needed before
we launch an offensive that kills innocent human life.
2. A policy of war against Iraq at this juncture will be viewed by
most of the international community as an act of hypocrisy given the
more conciliatory stand we have taken toward North Korea. Kim Jong
Il not only is clearly intent on manufacturing weapons of mass destruction,
but has overtly threatened a nuclear conflagration. Yet, you regard
him as a less imminent threat, and you have suggested that the North
Korea issue is actually a regional, rather than an international problem,
and you have proposed taking more time to explore diplomatic solutions.
3. A further question of hypocrisy among the international community
arises in the face of your continued statements that war against Saddam
Hussein is necessary to maintain the legitimacy of the United Nations,
since the Security Council has issued a direct resolution which he
may be violating. It is somewhat ironic that between 1948 and 1991,
26% of all Security Council meetings dealt with the Arab-Israeli conflict,
and of the 175 resolutions passed on this issue in that time-frame,
97 were against various Israeli policies and actions, including attacks
on Jordan, Syria, Lebanon, as well as human rights violations against
the Palestinians, among which were direct violations of the Fourth
Geneva Convention. As you well know, many more resolutions would have
been passed were it not for the United States veto power. As you also
know, most or all of these resolutions have gone unenforced. Are we
ready to attack Israel so as to maintain the legitimacy of the United
Nations Security Council?
4. We believe that the policy of war will serve only to radicalize
the region, increasing the chances of acts of terrorism against our
country. Even a cursory look at recent international demonstrations
reveals that the policy has already created quite a gulf between us
and many of our own close allies.
5. Part of our professed justification for this war is concern for
the Iraqi people. It seems, however, that if Saddam Hussein disarms,
he would be left alone to continue his rule. How is this consistent
with our professed concern for the people of Iraq? Furthermore, our
policy of sanctions since 1990 has, according to UNICEF estimates
resulted in the death of 500,000 Iraqi children for lack of food and
medicine between 1991 and 1998. If we have genuine humanitarian concerns
for the suffering of the Iraqis, we should, at the very least, repeal
those policies which have so clearly devastated innocent people without
affecting Saddam Hussein.
Our recommendation is that the United States treat the Iraqi issue
as a regional problem as well. Our allies in the Middle East should
be encouraged to do their utmost, with our help, to aid the many known
indigenous democratic movements within Iraq. With our help, as well
as the help of our allies, these groups are capable of toppling Saddam
Hussein and reclaiming their country. By so doing, we would earn the
genuine gratitude of the Iraqi people, as well as the respect of our
allies both within the Muslim world, as well as the international
community at large because we would be acting according to the best
principles of America.
The Muslim Students Association and Islamic Culture Theme House of
Drew University (Madison, NJ)
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