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DATE=4/3/2000 TYPE=BACKGROUND REPORT TITLE=SHARIA REACT / NORTHERN NIGERIA NUMBER=5-46070 BYLINE=WILLIAM EAGLE DATELINE=WASHINGTON CONTENT= NOT VOICED: INTRO: The controversy over Islamic law continues in Nigeria. Some northern states would still like to fully implement Sharia - whose criminal penalties can include flogging for adultery and amputation for stealing. But some southern groups want the Nigerian Supreme Court to determine whether the criminal and social aspects of Sharia violate the coutry's constitution. From Washington, William Eagle asked a few northern Nigerians their views on the issue. TEXT: What do Nigeria's northerners think of Sharia, Islamic law? The answers vary - reflecting, in part, the religious and ethnic differences in a region that is primarily Muslim. Jolly Tanko Yusuf [THAN'ko YOU'-soof] is a 76-year-old retired Nigerian diplomat living in the northern city of Kaduna. Ambassador Yusuf - a Christian - is critical of Sharia's harsh penalties for theft, drinking, and adultery. The former statesman says it is politics, not belief that is behind the Sharia crisis. He says the dispute is erupting during the administration of Nigeria's second civilian president, Olusegun Obasanjo - a southern Christian. Ambassador Yusuf says Sharia was never raised during nearly four-decades of rule by northern Muslim generals. Nor was it raised during the short tenure of Nigeria's only other civilian government of Shehu Shagari [shah-gah-REE'] - a northern Muslim. He was ousted from power in the 1980's by Major General Muhammadu Buhari. Three more military leaders ruled until a retired southern general, Olusegun Obasanjo, was democratically elected to office last year. /// TANKO YUSUF ACT /// I ask this question: why was it when [General] Murtallah Mohammed overthrew General Gowan, there was no Sharia? Why is it when [General] Buhari overthrew Shehu Shagari, no Sharia? When [General]Babanguida overthrew Buhari, no Sharia? When [General] Abacha took over, no Sharia? When Abubakar who handed over power to Obasanjo, no Sharia? No one can answer it in Nigeria today. /// END ACT /// Ambassador Yusuf's theory is that by cracking down on corruption President Obasanjo angered the northern ruling elite, recovering money they allegedly funneled out of the country into foreign bank accounts. /// OPT /// Some people are proposing a constitutional conference not only to clarify possible contradictions between the constitution and Sharia - but also to determine how much power states should have to determine their own affairs. Ambassador Yusuf would rather have constitutional matters settled by the current National Assembly. He prefers to replace the 36 states that exist today with more compact and powerful regions - based on six geographical zones within Nigeria. /// END OPT /// Ambassador Yusuf says if the National Assembly decides a solution, it can be put to a referendum. He says if voters decide the north should have Sharia, so be it. /// YUSUF ACT /// Do Nigerians want their country divided? That is the question. If the answer is no, there should be no criminal side of Sharia - no cutting of hands or stoning any human being. But, if the majority of Nigerians prefer to divide the country and the Muslims go their own way, I can assure you, that from Kaduna in the North down to the southwest, all of us Christians from the majority would rather go to the south where we can drink our beer and eat our pigs. /// END ACT /// On the opposite side of the issue is Alhaji Tanko Yakassi [THAN'koe yah-kah-SEE'], a northern Muslim - and former advisor to civilian president Shehu Shagari in the early 1980's. Mr. Yakassi agrees that President Shagari never pressed for Sharia during his term. But he says that is because the military had forbidden the constitutional conference that preceded Mr. Shagari's election from debating the matter. He says the military governments that followed Mr. Shagari did not allow popular support for Sharia to determine government policies - as they can today in a democracy. /// YAKASSI ACT /// The country has been run under military rule for some time. The procedure under military rule was that the head of state appointed the state governors, and they in turn appointed local government chairmen. But now there is a democracy with the separation of powers between the [federal], state, and local governments. Each has its own legislative body and different powers of jurisdiction. They can make laws as long as they are not in conflict [with the jurisdiction of the other law-making bodies]. [Elected officials] now want to use democratic freedom to exercise that power. /// END ACT /// Mr. Yakassi says any conflict, between the constitution and Sharia, should be settled by a court of appeal or the Supreme Court. He denies the north wants to destabilize the government. He says northern voters put President Obasanjo in power - and have no reason to turn against him. /// OPT /// He denies stereotypes held by some Nigerians that the largely Muslim north is backward, under-developed, and run by a corrupt oligarchy (government of dominant class). /// OPT: YAKASSI ACT /// It is true that we have traditional institutions, but there are also traditional institutions in the south. So if we are an oligarchy, so are they. I am not in an oligarchy. I was in an opposition party during colonial era called Northern Element Progressive Union - we were the only party called progressives. ...Our traditional rulers have no power now - all their powers have been transferred to elected local representatives. As for the belief that northern business interests benefited from military dictatorship... Multi-billionaires are far more in the south than they are in the north. /// END OPT ACT /// Mr. Yakassi blames the Sharia crisis on those he calls mischief-makers. He says some are trying to black- mail the north - and to intimidate people from voting their conscience in future elections. /// END OPT /// For others, Sharia is not politics - it is security. Yahaya Hashim [YAH'-yah hah-SHEEM'] is with the Center for Research and Documentation in the northern town of Kano. He says Sharia is popular in the north because people are tired of crime and inefficient courts. /// HASHIM ACT /// [Secular law] has failed. In the northwest part of the country [there] is a high level of insecurity. Armed robbers and bandits come from northern [neighbors] Chad and Niger, and cause havoc in northern [Nigeria]. So, along with the increase in crime and the lack of justice in the courts clearly the arguments for Sharia [become more valid]. [People] have always argued this is what their religion lays down and this is what will work. /// END ACT /// Mr. Hashim says Sharia is also a part of what he calls identity politics. He notes that there are calls for autonomy and even separation from the southwest and east of the country. Likewise, he says northerners see Sharia as a way of asserting what they consider to be their identity - as Muslims - and as a way to improve their image. /// HASHIM ACT /// I remember a [group] discussion I witnessed when the debate over Sharia started. [These individuals] said they wanted Sharia [because] they [were] tired of the northerner being [seen by others as] the looter of the treasury, a thief. [They said] this is a disgrace to Islam, dragging its name in the mud. [They said] Islam has to redeem its honor and dignity as a religion of piety, truth, and straightforwardness. We want Sharia to cleanse society of these people. /// END ACT /// Mr. Hashim says debate over Sharia had barely begun in the north - when it was side-tracked by critics from other parts of the country. He says northerners have been cornered into defending themselves when they could be debating the implementation and constitutionality of Islamic law. Mr. Hashim says many families are worrying about what Sharia might mean if women are not allowed to work outside the home and provide a second income. But he says those issues do not sell papers - violence and name-calling do. (SIGNED) NEB/WE/RAE 03-Apr-2000 14:22 PM EDT (03-Apr-2000 1822 UTC) NNNN Source: Voice of America .





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