Constitution Review: NACOMYO Proposes Establishment Of Sharia Courts In States

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The National Council of Muslim Youths Organization (NACOMYO), has made case for the establishment of Sharia Courts in states of the federation with a minimum of 100 Muslim residents.

The body in a proposal for further review of the 1999 Constitution of the Federal Republic of Nigeria (as amended), submitted at the ongoing constitutional review by the House of Representatives, itemised 12 areas for amendment.

The report was presented by Alhaji Yekini Alli, NACOMYO’s state coordinator on behalf of the National President of the organisation, during the gathering in Akure, the state capital, venue of Southwestern states of Osun, Ekiti and Ondo.

A copy of the proposal made available to The Precision NG, showed that the body proposed the establishment of Sharia Court of Appeal of a State, to administer Islamic Personal law.

It read:

“Though Section 275 of the Constitution provides for the establishment of a Shari’a Court of Appeal for any State that requires it. This provision has over the years placed a sort of hardship on Muslims living in States that has refused and neglected to establish Shari’a Court, in the sense that the administration of a Muslim’s personal law (relating to marriage, divorce, bequests and the likes) that are within the exclusive knowledge of Islamic scholars are taken to the regular customary courts manned (in most cases) by those not knowledgeable in Islamic personal law.

NACOMYO added that the courts should be manned by people with the knowledge of Islamic religion, rather than outsiders.

“NACOMYO’s extensive engagements across the Country show that Muslims will feel a sense of belonging wherever they may be. Not only Muslims living in Northern part of the Country will be able to have matters pertaining to their personal lives adjudicated upon by knowledgeable Islamic scholars. This is a great way of proper integration of citizens of this Country, and religious tolerance among adherents of different religions.

“In making this proposal, NACOMYO like to stress at this juncture that Shari’a law and courts (either with civil or criminal jurisdictions) are not meant for non-Muslims and not even for Muslims who are not willing to take their matters to the Court. This has been the established practice of the Holy Prophet Muhammed (May the peace and blessing of Allah be on him). So, in conclusion Shari’a Court is not to force Shari’a law on non-Muslims.”

Highlight of the 12 point proposal by NACOMYO are stated below:

i. The provision of the Constitution should be amended to strengthen the already guaranteed freedom of worship in private and public places.

ii. Educational Objective of governments in the Country should be reviewed.

iii. Establishment of Shari’a Court of Appeal of a State, to administer Islamic Personal law, should be made mandatory, for any State with at least One Hundred (100) Muslims living within the State.

iv. Judicial Reform: Appointments of more Justices of Superior Courts, and timeline for adjudication of cases.

v. There should be gender equity for women and girls.

vi. The six geo-political Zones in Nigeria should be recognized in the Constitution for the purpose of political coordination of the Nation’s constituent parts.

vii. Establishment of State and/or Regional Police.

viii. Review of Fiscal Federalism and Revenue Allocation.

ix. Maximum of three Ministers should be appointed from each geo-political Zone; and one from the Federal Capital Territory (FCT).

x. A Two-Chamber National Assembly should be retained. However, while the Lower Chamber of the National Assembly should comprise elected full-time Members, the Upper Chamber should be part-time and advisory with membership comprising cultural, religious, professional and civil society leaders from across the country.

xi. State House of Assembly should consist of not less than twenty (20) members and not more than thirty (30) members.

xii. Local Government should be given full autonomy.

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