Ese Matters: On Sanusi’s ‘Own-Goal’
As the dust of bigotry is settling, some of us can begin to pay attention to the details. Give me a break to feign “Legalist”(sorry “Social media Islamic expert”, figure this out yourself.) for a minute(I allowed Y’all be commentators for an entire day).
Besides the fact that one can now hum “hamdulillah” for the confirmation that there is now Zero *consensus* about the case being of abduction by (Yours to be Damned forever, “Northern” Savages/Pedophiles and) for ISLAAAAM!!! Foremost, there is still a couple wonder questions as to whatever we are practicing today(certainly not a system of governance with a precedence.)
1. Let’s start with — “Emir Overrules Sharia Court Decision” header.
We’ll assume the background noise from beneath the Niger was what drowned the usual noise from so called tradition preservationists. But we can all agree that there are just a few moments in since 99 where we can point at a traditional ruler calling out a judiciary system for misjudgement (I am certainly ignorant of any). The case of Amina Lawal and Safiyya were to the best of my knowledge struck down by the appellate court and/or the state’s governor(not Yar’adua) if am not mistaken.
So the question is that we can have two leaders of different systems shut down rulings from a sharia court or are these powers given to just those of Kano?
2. FINE! lemme concede(as I have always anyways) that we also have a “messiah” — like BuhariManiacs would say. Yes I know he isn’t just a Traditional Head but also the ‘unofficial’(my apologies kanawa for the disrespect) “Amirulmumineen”(commander of the believers), “Shaykh”(scholar) and Jurist(Faqih), all-in-one!(#wetanGodfordisBlessing). Therefore, we’ve ceded supreme rights to his voice and fatwas because in the land of the handicapped(surely the city is a bastion of scholars that cant be termed “blind”), the one with complete limbs is King.
If the answer however to the previous question is a “No”, are we to say that such judicatory powers have been extended to towns of all central traditional heads who of course had their systems installed by their respective governors? So all it takes especially since reading Islamic studies isn’t a requirement to be chief, is for a deficient head to rally his ‘Malaman Fada’(palace experts) and strike down any ruling that doesn’t toe with that of the emirates?
3. I’ll be making the ‘Own Goal’ point here. Those ‘shabby’ letters despite exonerating the Emirate council nevertheless also showcased lopsidedness of the emir’s ‘Shaykh’ capacity in dealing with the matter. I’ll explain:
- That the Emir may be receiving 100 cases a day is understandably but this was a missed opportunity to publicly undo a perceived wrong(in our moments of islamophobia) and follow the case up till her departure from Kano. Truth is that even in the medieval era, 6 months would have been too long. It’s not far fetched to compare this as an issue between a say Roman empire and a Caliphate. At today’s communication speed, there would already have been belligerence along border lines. For a case of such severity, it wouldn’t have been far fetched to even send escorts from the emirates even if it’s to shape the image of the emirates and not the religion.
- In final paragraph of one of the shabby letter’s signed by the Emirate’s secretary, the Emir used one or two of the ‘Five Higher objectives’ of the Sharia — one of which is “Protection of Dignity — as one of the basis of reversing the Sharia court’s order. The Emir is very well aware however that the alleged claim for the cause of her eloping was also to practice Islam, which is catered for by the foremost objective — “Protection of Religion”. This is to the best of my knowledge the only convincing reason as to using the name “Aisha” instead of Ese in the letter as the Emir’s Fatwa didn’t include revoking the testimony of her new faith just as it didn’t bear responsibility for Islamizing her. Yet we fail to see any serious attempt to using his position to safeguard her convictions besides urging the Police force to do so, whose priorities should be something else. Well as we can see, they haven’t even fulfilled their task as every average Nigerian won’t startled at this level of progress made in this case. In a bid to safeguard human rights and promote social justice, without intending to be overzealous, this may turn out to be one case of dereliction of duty which he assigned to himself.
- The Emir as a known champion of reform since 1999 and with the know titles above has to see himself as the community’s teacher. The Emir’s initial deference to the Shariah court and subsequent overrule only reveals to the public that the institution is not just defective but should be overhauled if not obliterated for our Common Law. To subsequently ignore this would not only be to raise questions in our minds as to what really the use of the Sharia Judiciary is but also to even also demoralize (qualified) jurists working for these institutions. I mean what’s really the purpose of all the hardwork if some blue-blood and his Palace scholars can overrule me after my service? Why not just move the entire system into the emir’s palace and make a municipal or robust ‘judge judy’ kind of court system so people can have a clearer understanding of what’s going on? Doesn’t it simply highlight the fact that the Sharia judiciary may have been a charitable institution all these years?
The emir can still make last minute maneuvers as he’s done to salvage his name in the spate of 24, especially for the religion’s sake. Alot of us are depending on his stool to tower past the staleness of our majoritan ‘cultural preservationist’ populace mentality. If he feels the need to recognize the current Sharia Judiciary, then the motive of their ruling should be clearly explained which in actuality is a valid ruling based on a school of taught and the “protection of the individual’s Religion”.
On a personal note, with the vileness of the Religious ignoramuses and zealots amongst us, I’d rather that we stick to the very illogical 18 age law(which surely wasn’t an age derived from Zeus but fine) and weed out these hypocrites — “Buratai style” — to respect the same “constituted authority” they utilize in defending massacre’s of their enemies. So this isn’t a defense of a crippled institution but rather one for the elites to look inwards. It doesn’t pay us to higher Arabic degree holders to issue wanton Death penalty judgement’s on our women, but it is also a mockery of the Sharia(talkless of the systems of propagation to allow descendants of blueblooded folks (whose qualifications to earning the throne would have little to do with Islamic Literacy) to monopolize a system whenever in future we happen to have qualified Jurists on the sitting on those tables. It’s no surprise as to why popular scholars don’t embrace the juristic duties — because it has been recognized I guess as a Makoko house(System) floating on Water?
Above the noises raised mos importantly for all is the cross cultural baggage we can’t stop carrying.As with the issues mom Nimali Rodrigo distinct posts have raised, It’s clear that our early teens won’t be having none of that in the future and if the Yinusa boy wasn’t the “abductee”, then it pays that the Emirates, government of Kano and Bayelsa make a typical example out of this by beginning to have meaningful discussions as to how to safeguard their respective desires as individuals(or even future couples if they happen to reach a consensus agreement) especially if Sister Ese want’s to remain as “Aisha”. This shouldn’t happen however in the absence of psychologists consulting all parties in this mess.
posted on March 1 elsewhere on Facebook