Amina Lawal Amina Lawal Born in 1973 Born in 1973 in Kurami, in Kurami, Katsina Katsina State, State, Nigeria Nigeria
Jan 07, 2016
Amina LawalAmina Lawal
Born in 1973Born in 1973 in Kurami, Katsina in Kurami, Katsina
State, NigeriaState, Nigeria
50% of the population are Muslims
40% are Christians
and the last 10% are Animist
She was married She was married when she was when she was either 13 or 14 either 13 or 14 years of ageyears of age
She has three She has three children through children through her husband and her husband and then a fourth childthen a fourth child
March 22, 2002- She was charged with March 22, 2002- She was charged with the crime of adultery under Shar’ia lawthe crime of adultery under Shar’ia law
She was found guilty of bearing a child She was found guilty of bearing a child out of wedlockout of wedlock
The punishment: being stoned to deathThe punishment: being stoned to death Sentence was to be carried out on June Sentence was to be carried out on June
3, 2002 but the sentence was suspended 3, 2002 but the sentence was suspended (so she could care for her child until he (so she could care for her child until he was two years old)was two years old)
Amina was convicted under a new set of Amina was convicted under a new set of Sharia laws which were introduced to Sharia laws which were introduced to regions of Northern Nigeria starting in regions of Northern Nigeria starting in 19991999
Sharia Laws were previously only used Sharia Laws were previously only used for personal and civil laws, not criminal for personal and civil laws, not criminal cases such as Lawal’scases such as Lawal’s
September 25, 2003- the sentence September 25, 2003- the sentence was overturnedwas overturned
On the grounds that both her On the grounds that both her confession and the evidence were not confession and the evidence were not legally validlegally valid
Amina and her Lawyer
Gender Roles & Status of Gender Roles & Status of Women Women
(Hausa of Katsina State)(Hausa of Katsina State)
StatisticsStatistics
Literacy Rate: Females = 59.4%Literacy Rate: Females = 59.4% Males = 74.4%Males = 74.4%
Fertility Rate = 5.8 births/ womanFertility Rate = 5.8 births/ woman Women’s Right to Vote & Stand for Women’s Right to Vote & Stand for
Election = 1958Election = 1958 Women in Government: Seats in Women in Government: Seats in
Parliament occupied by women = 6.4% Parliament occupied by women = 6.4% in lower house & 3.7% in upper housein lower house & 3.7% in upper house
Women & IslamWomen & Islam ““the relationships of women and Islam are myriad- the relationships of women and Islam are myriad-
these include their roles as participants, as pious and these include their roles as participants, as pious and devoted daughters, wives, and mothers and as devoted daughters, wives, and mothers and as practitioners of the rites and behavior which they practitioners of the rites and behavior which they perceive as incumbent on a Muslim. The perceive as incumbent on a Muslim. The relationships include also the ways in which women relationships include also the ways in which women can apply, insist upon or evade particular religious can apply, insist upon or evade particular religious and/or social constraints or imperatives, depending and/or social constraints or imperatives, depending again on how they or significant others define these again on how they or significant others define these actions or expectations. Islam has often been actions or expectations. Islam has often been described by its followers as being a way of life, a described by its followers as being a way of life, a blueprint for action as well as for belief. How these blueprint for action as well as for belief. How these are viewed or interpreted often varies, depending on are viewed or interpreted often varies, depending on context and culture, and on civic and ritual authority, context and culture, and on civic and ritual authority, including the authority of those tending or intending including the authority of those tending or intending to interpret or pronounce on particular issues or to interpret or pronounce on particular issues or ideas.”ideas.”
Primary Role as Primary Role as CaregiversCaregivers
As Wives, Mothers, CompanionsAs Wives, Mothers, Companions ChildbearingChildbearing FinancesFinances Division of TasksDivision of Tasks Struggle to fit career aspirationsStruggle to fit career aspirations Feminization of PovertyFeminization of Poverty
MarriageMarriage
Religious and Societal expectationReligious and Societal expectation Early MarriageEarly Marriage Woman’s ChoiceWoman’s Choice Marriage Costs and GiftsMarriage Costs and Gifts Family Size Family Size DivorceDivorce
Female SeclusionFemale Seclusion
Elements of Religion, Culture and Elements of Religion, Culture and StatusStatus
Total Seclusion, Partial Seclusion, Total Seclusion, Partial Seclusion, Seclusion of the HeartSeclusion of the Heart
Strictness of SeclusionStrictness of Seclusion Separation of Public and Private Separation of Public and Private
SpheresSpheres Accommodation, Evolution & Accommodation, Evolution &
NegotiationNegotiation
EducationEducation
Priority to MalesPriority to Males ““Educate women and you educate Educate women and you educate
your nation”your nation” Education as a LuxuryEducation as a Luxury Conferring a Higher StatusConferring a Higher Status Access to wage-labor, economic Access to wage-labor, economic
autonomy, social freedomautonomy, social freedom
OccupationOccupation
Distinction from Conjugal RolesDistinction from Conjugal Roles Retaining ProfitsRetaining Profits Women in SeclusionWomen in Seclusion Economic Activities- Light Work & Economic Activities- Light Work &
Heavy WorkHeavy Work Production for immediate Production for immediate
consumptionconsumption
Women’s Status cont’dWomen’s Status cont’d
Inheritance & Property RightsInheritance & Property Rights Violence Against WomenViolence Against Women Subordination, Dependence & Subordination, Dependence &
Inequality?Inequality?
Constitution & National Constitution & National View on WomenView on Women
Rights & Freedoms guaranteed to allRights & Freedoms guaranteed to all Constitutional ‘double-speak’ and Constitutional ‘double-speak’ and
religious politicsreligious politics National Policy on Women (NWP)National Policy on Women (NWP)
What do Nigerian What do Nigerian Women think?Women think?
Clash between religious principles and Clash between religious principles and secular developmentsecular development
Natural OrderNatural Order Eager for change, but accepting of Eager for change, but accepting of
conventionconvention ““We Muslim women can walk into the We Muslim women can walk into the
modern world with pride, knowing that the modern world with pride, knowing that the quest for dignity, democracy and human quest for dignity, democracy and human rights, for full participation in the political rights, for full participation in the political and social affairs of our country, stems from and social affairs of our country, stems from no imported western values, but is a true part no imported western values, but is a true part of the Muslim tradition.”of the Muslim tradition.”
Women and Shari’aWomen and Shari’a
Gender InequityGender Inequity
““although it is difficult separating although it is difficult separating the Hausa and Islam patriarchal the Hausa and Islam patriarchal structure, the reintroduction or structure, the reintroduction or politicization of Shari’a in Northern politicization of Shari’a in Northern Nigeria has contributed in Nigeria has contributed in reinforcing traditional, religious and reinforcing traditional, religious and cultural prejudices against women.” cultural prejudices against women.” – quote from Nigerian Activist– quote from Nigerian Activist
Gender Inequity cont’d Gender Inequity cont’d (Claims of Women’s Rights (Claims of Women’s Rights
Activists) Activists) Absence of Women in JudiciaryAbsence of Women in Judiciary Weight of TestimonyWeight of Testimony Standards of EvidenceStandards of Evidence How they pertain to LawalHow they pertain to Lawal Discrimination in day-to-day lifeDiscrimination in day-to-day life
Men & Shari’aMen & Shari’a
Still subject to the law- fines, Still subject to the law- fines, imprisonment, floggings, imprisonment, floggings, amputation, stoningamputation, stoning
No victimization by mediaNo victimization by media Equally affected by many other Equally affected by many other
injustices cited by critics of Shari’ainjustices cited by critics of Shari’a
Fundamentalism or Fundamentalism or Misapplication?Misapplication?
Gender oppression as one element of Gender oppression as one element of biasbias
Zakkat & responsibility toward the Zakkat & responsibility toward the poorpoor
Maliki school of thought- selectivity Maliki school of thought- selectivity & the ‘Sleeping Embryo” & the ‘Sleeping Embryo”
Faulty Interpretation that causes Faulty Interpretation that causes discriminationdiscrimination
Shari’a, Stoning & Shari’a, Stoning & Human RightsHuman Rights
Constitution & Freedom of Constitution & Freedom of ReligionReligion
Differences in Interpretation Differences in Interpretation between advocates and critics of between advocates and critics of Shari’aShari’a
Separation of Religion and PoliticsSeparation of Religion and Politics Impact on Non-MuslimsImpact on Non-Muslims Complaints of Non-MuslimsComplaints of Non-Muslims
Nigerian Application & Nigerian Application & Inconsistencies with Classic Inconsistencies with Classic
Shari’aShari’a Politicization of Shari’aPoliticization of Shari’a Disregarding the Fundamental Disregarding the Fundamental
Principles- compassion, Principles- compassion, responsibility, forgivenessresponsibility, forgiveness
Hurried implementationHurried implementation Public knowledge of rights and Public knowledge of rights and
procedureprocedure
Legal System & Legal System & Human Rights AbusesHuman Rights Abuses
Right to Fair Trial & Legal Counsel – Right to Fair Trial & Legal Counsel – specifically in Lawal’s casespecifically in Lawal’s case
False claim that Shari’a courts do to False claim that Shari’a courts do to recognize lawyersrecognize lawyers
Time of Lawal’s offense & trialTime of Lawal’s offense & trial Presumption of Innocence Presumption of Innocence ConfessionConfession Use of Torture & Pressure by police and Use of Torture & Pressure by police and
officialsofficials Inadequately trained judgesInadequately trained judges
Constitution & Human Constitution & Human DignityDignity
Section 34: (1) Every individual is Section 34: (1) Every individual is entitled to respect for the dignity of entitled to respect for the dignity of his person, and accordingly:his person, and accordingly: no person shall be subjected to torture no person shall be subjected to torture
or to inhuman or degrading treatmentor to inhuman or degrading treatment no person shall be held in slavery or no person shall be held in slavery or
servitude; andservitude; and no person shall be required to perform no person shall be required to perform
forced or compulsory laborforced or compulsory labor
Regional & International Regional & International AgreementsAgreements
Universal Declaration of Human Universal Declaration of Human RightsRights
African Charter of Human and African Charter of Human and People’s RightsPeople’s Rights
International Covenant on Civil and International Covenant on Civil and Political RightsPolitical Rights
Debates over Definitions of Debates over Definitions of Dignity & TortureDignity & Torture
Semantics & Phraseology Semantics & Phraseology What constitutes a violation of What constitutes a violation of
dignity, torture?dignity, torture? Rights of CriminalsRights of Criminals Constitution permits death penaltyConstitution permits death penalty Appropriateness of Punishment Appropriateness of Punishment
(Human Rights Activists)(Human Rights Activists)
Main Concerns of Nigerian Main Concerns of Nigerian Activists in Lawal caseActivists in Lawal case
Impregnated before Shari’a took Impregnated before Shari’a took effecteffect
Denied legal counselDenied legal counsel Offense not explainedOffense not explained ConfessionConfession Little focus on Gender OppressionLittle focus on Gender Oppression
Local Activism & Local Activism & Women’s Rights GroupsWomen’s Rights Groups
Effectiveness of Local Effectiveness of Local Action Action
International Community- International Community- reproducing negative, misinformed reproducing negative, misinformed stereotypesstereotypes
Capacity of local organizations & Capacity of local organizations & strengthening local resistancestrengthening local resistance
Use of Appeals CourtUse of Appeals Court
Women’s OrganizationsWomen’s Organizations
BAOBAB for Women’s Human BAOBAB for Women’s Human Rights: aid to Lawal, objectives & Rights: aid to Lawal, objectives & strategy with Lawal’s casestrategy with Lawal’s case
Women Living Under Muslim Laws Women Living Under Muslim Laws (WLUML)(WLUML)
Women’s Aid Collective (WACOL)Women’s Aid Collective (WACOL)
Strategies of Women’s Strategies of Women’s GroupsGroups
Challenges to the Constitution, other Challenges to the Constitution, other documents & pressuring govt. to documents & pressuring govt. to adhere to themadhere to them
Using the Legal System & Appeal Using the Legal System & Appeal CourtsCourts
Revisiting tradition and social Revisiting tradition and social relationsrelations
Women’s Empowerment Women’s Empowerment
Sharia Law and the Nigerian Constitution Both strong supporters and opponents of the
Sharia reforms have often invoked the authority of the constitution to back their differing positions
Sharia first proclaimed in Zamfara State on October 25, 1999; 11 Northern States followed
Legal/Constitutional Background Before Sharia “personal” or customary
Islamic Law was in place, limited to matters such as marriage and succession
Colonial legacy of British important to look at Imposed British common law which replaced
customary laws of Nigerians As a form of accommodation, British allowed
some customary law traditions to continue
Legal/Constitutional Background Used the British Criminal Code for criminal conduct;
North especially resisted this Compromised with “Penal Code” for Northern Nigeria,
which took Islamic principles into account – still not fully accepted
Governors and their supporters wanted to restore Sharia to its “pristine purity, shorn of baggage”
Should local issues surrender to the guidance of a constitutional democracy? Yes is the consensus, but why hasn’t the government tried to determine whether the implementation of Sharia is constitutional?
Constitutionality and Federal Structure Section 1 of the constitution: it “shall have a
binding force on all authorities and persons throughout the Federal Republic of Nigeria”
If a law is not consistent, the constitution “shall prevail, and that other law shall to the extent of the inconsistency be void”
under federalism, federal and state governments share the power to make laws relating to offences and crimes
Constitutionality and Federal Structure Constitution says that states can have criminal jurisdiction if under
written law; argue that states just need an Islamic Code of Crimes under legislative powers in order to have this power
Nigeria as a federal state is responsible to make sure the laws of the various levels do not conflict with the constitution
Issue: apostasy - Sharia law sentences death but constitution states that citizens have “freedom to change religious beliefs”
Evidence is also seen as controversial under Sharia Law Police Services – centralized under Federal control and under
constitution, no state can legislate for the establishment of their own state police branch
Therefore, we’ve seen the emergence of vigilante groups known was the “Hisba” or Sharia police and the issue of overzealousness and abuse of power has arisen
Constitutionality and State Religion Section 10 of the constitution: “States shall not adopt
any religion as State Religion” Supporters of Sharia argue that Section 10 does not
use the term ‘secular’, so religious law can be implemented and it does not qualify as state religion
Argue that Sharia is simply “legislative borrowings from a religious code”
Others believe the wording of Section 10 means the same thing as “secular” and some think that the states have adopted a state religion in violation of the Section since they have established Sharia courts and government functions in conjunction with the principles of Islam
Ministry of Religious Affairs and a Preacher’s Council allegedly mobilize support for Islam
Constitutionality and State Religion Many argue that using Sharia for civil and personal
law is just in a secular society while criminal law is a not, since it entails extensive state involvement
Section 38 of the Constitution: rights of all citizens to manifest and pursue religious beliefs in worship, practice, and observance to bolster their point of view
Both sides use it to support their view on Sharia Discrimination towards non-Muslims is a major
concern, as some say that Sharia is being used as a vehicle to promote Islam
Constitutionality and Judicial Structure States can establish courts that subordinate
jurisdiction to a federally based High Court Section 275 of constitution outlines functions of Sharia
court of Appeal but only in terms of Islamic personal law; criminal/penal law not mentioned
Sharia Court of first instance in a state would have criminal jurisdiction, while constitutionally, a Sharia Court of Appeal only competent to decide civil appeals
Constitutionally, nowhere established for claimants to go from here, whereas from State High Courts they can go up to the Court of Appeal federally
Offences of Penal Code go to the High Courts, so under Sharia, High Courts lose jurisdiction while Sharia courts gain
Is this legitimate? And should Sharia courts be given allowed criminal jurisdiction under the status quo?
Sharia and Constitutional Rights some afraid that Sharia states will be setting up
Muslim-only Islamic schools, make special transportation arrangements and provide public and social utilities that would segregate men and women – contrary to constitution which outlaws discrimination
also afraid that non-Muslims might be told to leave by the law
right to a fair trial questioned; Lawal’s case, for example, didn’t follow these principles – guilt emphasized before trial began; not given full protection of law
Sharia and Constitutional Rights Adultery – misdemeanour under Penal Code;
Penal Code also allows flogging and death penalty for those who commit homicide
Other penalties like amputation, stoning, lashes are said to violate constitutional and human rights of human dignity and right not to be subjected to torture/inhuman and degrading treatment
Discrimination of Muslims since facing harsher penalties than non-Muslims
Obsanjo’s Government and Sharia Obsanjo: “Sharia is not a new thing and its not a thing to be
afraid of” – federal gov’t will not dispute rights of sates to use it Government has provided contradictory statements on Sharia Has tried to deal with it through compromise, encouraging states
to modify sentence but hasn’t been pressuring states to comply On Lawal: “under no circumstances will such punishment be
carried out in Nigeria, because we have a system of appeal in our courts that will carry this to the highest court of appeal in the land...” “we are practicing a federal form, a federal system of government in this land and we deliberately went for a federal system because of our diversity…anybody who wants to try to impose a unitary form of gov’t in this country will destroy (it) overnight.”
critics worry about low-profile or poor accused criminals that do not have the resources to make a federal appeal
Obsanjo’s Government and Sharia
Federal government has both domestic and international obligations that could come under scrutiny and reprimand as Sharia is seen by many to violate these commitments
some argue that Sharia should be subject to constitutional review
Obsanjo is Christian and can easily be accused of discriminating if he takes this action; government is not inclined to test validity but only they have the power to do it
Progress on the issue will be challenging without a genuine commitment to preserve national unity and willingness to compromise
Kano state wants to change constitution so Islamic Law is supreme over constitutional provisions
Sharia proponents argue that law of God claims constitutional superiority and that they can’t accept constitutional supremacy
What will the future hold? Debate is reignited whenever courts sentence adulterers to
death by stoning or order amputations – will remain a contentious issue
“Sharia can only exist fully in an Islamic state”; “future is not hopeful”
Can Sharia really be viable in a federal system? Would a loose confederation be better?
Contradiction between liberal democracy and deep pluralism entrenched in Nigerian political culture is yet to be settled
How religion and secular law should share space is yet unchartered territory
Seems to be stable for now, as states recognize that full realization is not possible, but what if courts find that Sharia is infringing constitutional rights?
Video Discussion- Amina’s Portrayal
The way Amina was portrayed as an uneducated, almost primitive, defenseless woman that needed to be saved from her Sharia punishment. Is this a highly westernized view? In regard to the discussion between Ayesha Imam and Akbar Ahmed- Imam observed the international “imposition” as detrimental to Amina’s case while Ahmed claimed that international attention was necessary to “save her.” Is international pressure a detriment here as Imam claims?
Capital PunishmentCapital Punishment
Overview of Capital PunishmentOverview of Capital Punishment
Capital Punishment around the WorldCapital Punishment around the World
Role of Religion in Capital Role of Religion in Capital PunishmentPunishment
Arguments ForArguments For
Arguments AgainstArguments Against
Capital Punishment around the Capital Punishment around the WorldWorld
Capital Punishment around the Capital Punishment around the WorldWorld
Japan, South Korea, Taiwan, United StatesJapan, South Korea, Taiwan, United States—fully democratic and developed—fully democratic and developed
China has largest share (90%), Singapore China has largest share (90%), Singapore has most per capita (70 hangings for 1 has most per capita (70 hangings for 1 million peoplemillion people
MethodsMethods Hanging, Electrocution, Firing Squad, Lethal Hanging, Electrocution, Firing Squad, Lethal
Injection, Gas Chamber, StoningInjection, Gas Chamber, Stoning Should there be different methods? Are some Should there be different methods? Are some
better then others?better then others?
Religion and Capital PunishmentReligion and Capital Punishment
JudaismJudaism Approved in scripture, but Talmudic decisions Approved in scripture, but Talmudic decisions
make circumstances effectively impossiblemake circumstances effectively impossible ChristianityChristianity
Varies, both proponents and opponents claim Varies, both proponents and opponents claim Bible supports their sideBible supports their side
Roman Catholic, Anglican, Methodist—Roman Catholic, Anglican, Methodist—abolishedabolished
Protestant, Baptists—Support CP as deterrentProtestant, Baptists—Support CP as deterrent
Religion and Capital PunishmentReligion and Capital Punishment
IslamIslam Interpretations of Qur’an vary, permissible but ideas of Interpretations of Qur’an vary, permissible but ideas of
appropriateness differ geographicallyappropriateness differ geographically Difficult to abolish because “to forbid what is not Difficult to abolish because “to forbid what is not
forbidden is wrong”—jurisprudenceforbidden is wrong”—jurisprudence Shari’a as code for living—different then simple legal Shari’a as code for living—different then simple legal
systemsystem Adultery as Hadd offenseAdultery as Hadd offense Stoning as symbolicStoning as symbolic
HinduismHinduism No clear position in scripture, death penalty appears in No clear position in scripture, death penalty appears in
ancient storiesancient stories Lots of examples of reformed murders in Hindu literatureLots of examples of reformed murders in Hindu literature
Religion and Capital PunishmentReligion and Capital Punishment
Does the link exist?Does the link exist? Strong correlation between religious Strong correlation between religious
conservatism and support of Capital conservatism and support of Capital Punishment in USPunishment in US
However, on global stage, no clear However, on global stage, no clear evidence that Capital Punishment must evidence that Capital Punishment must be linked with fundamental religious be linked with fundamental religious movementsmovements
Supporting Capital PunishmentSupporting Capital Punishment
Justice on behalf of victimsJustice on behalf of victims
DeterrenceDeterrence
Satisfaction and closure for victims Satisfaction and closure for victims familiesfamilies
Save lives by preventing repeat Save lives by preventing repeat offensesoffenses
Against Capital PunishmentAgainst Capital Punishment
Doesn’t work as deterrentDoesn’t work as deterrent
Extreme bias against minorities and Extreme bias against minorities and poorpoor
Right to life and right against cruel Right to life and right against cruel and inhumane tortureand inhumane torture
Revenge, not justiceRevenge, not justice
“Saving” Amina Lawal
Lawal’s trial was widely reported in international media, and the subsequent role that the international community played in her case is an important consideration
Consider the debate between Ayesha Imam and Akbar Amhed: opposing perspectives on the effects of external involvement in cases like Lawal’s
The human rights project and international media coverage adopted Amina as a symbol of human rights issues stemming from Nigeria’s application of Shari’a Law
Despite the intentions behind international efforts to “save” Amina Lawal’s life, the widespread efforts of the worldwide community were, and continue to be, criticized as being more detrimental than beneficial
Critiques
Colonial rhetoric Women as symbols of colonialism Oversimplifying and sensationalizing the
issues Inadvertently fostering defensive reactions
against foreign impositions, and entrenching polarizations within Nigeria
Long term solutions? Amina: objectified
Her life is saved….
The reversal of her sentence by a court of appeal has been hailed as a victory for justice by many groups
A victory for Nigerian legal process? A victory for the human rights project?
Where is Amina Now?