Promoting Women's Rights Through Sharia in Northern Nigeria
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PROMOTING WOMEN’S RIGHTS THROUGH SHARIA IN NORTHERN NIGERIA Centre for Islamic Legal Studies, Ahmadu Bello University, Zaria With the support of DFID Nigeria’s Security, Justice and Growth Programme implemented by the British Council 2 Contents Contents Abbreviations 4 6 Economic rights 6.1 Preventing wives seeking Glossary 4 career employment 24 6.2 Women’s control over income 24 Acknowledgements 5 7 Inheritance 1 Introduction 7.1 Brothers’ interference with sisters’ inherited landed property 25 1.1 Background 6 7.2 Women obtaining their share in the 1.2 The process followed 7 distribution of the estate 25 1.3 Women’s rights within the Islamic context 8 8 Property ownership 2 Practices relating to the girl-child 8.1 Denying women direct access to the acquisition of land 26 2.1 Education of the girl-child 9 2.2 Exploitation of the girl-child 10 9 Access to health and reproductive 2.3 Early and forced marriage 10 health services 2.4 Abuse and violence against 9.1 The non-payment of medical bills 27 the girl-child 11 9.2 The denial of wives’ access to 2.5 Lack of provision and care 12 healthcare services 27 2.6 Preference for the male child 12 9.3 Women’s reluctance to seek 2.7 Care for orphans and the children medical help 28 of the poor 13 9.4 The lack of required nutrition 2.8 Equality in feeding between for pregnant women 28 boys and girls 13 9.5 The lack of protection for women against STDs and HIV/AIDS 29 3 Marriage and marital relationships 9.6 Competition over fertility 3.1 Exploitation and abuse of wives 14 among co-wives 29 3.2 Exclusion and seclusion of women 15 10 Political participation 3.3 Heavy and discounted domestic chores 16 10.1 The exclusion of women 3.4 Maintenance 16 from decision-making 30 3.5 Women’s control over wealth 17 10.2 The exclusion of women from politics 30 3.6 Retention of pre-marital identity 17 11 Access to justice 4 Divorce 11.1 The high costs of litigation 31 4.1 The misuse and abuse of talaq 18 11.2 The unequal participation of women in ADR (alternative dispute resolution) 31 4.2 The denial of wives’ post-talaq entitlements 19 11.3 Women’s access to courts 31 4.3 The frequency and ease of divorce 20 12 Criminal justice 4.4 Khul’ divorce at the instigation of women 20 12.1 The lack of facilities in prison 4.5 Other judicial divorce by women 21 for pregnant and nursing mothers 32 12.2 Pregnancy as proof of zina 32 5 The custody of children after divorce 13 Conclusion and recommendations 33 5.1 Forceful denial of post-divorce custody 22 5.2 Failure to provide maintenance for References 34 children in the custody of the mother 23 3 Promoting women’s rights through Sharia in Northern Nigeria Abbreviations Glossary ABU Ahmadu Bello University Bid’ah new deviations introduced to religion ADR alternative dispute resolution Biki social networking convened or gift exchanges during marriages and naming CILS Centre for Islamic Legal Studies ceremonies DFID Department for International Development Gwoggo aunt (one’s father’s sister) or the elderly FGN Federal Government of Nigeria woman in the husband’s family HIV/ AIDS Human immunodeficiency virus/acquired Hijab a form of dress covering most part of the immune deficiency syndrome body and worn by Muslim women LFN Laws of the Federation of Nigeria Hadith the sayings of Prophet Muhammad (SAW) NDHS Nigerian Demographic and Health Survey Iddah mandatory waiting period after divorce NWLR Nigerian Weekly Law Reports during which reconciliation is expected to take place STDs sexually transmitted diseases Ijbar power of the biological father to marry SAW Salla Llahu Alaihi Wasallam (SAW) off his young daughter (May the blessings and peace of Allah be upon him) Ila a vow of continence UNICEF United Nation Children’s Fund Islamiyy community-based elementary Islamic schools VVF vesico-vaginal fistula Jahiliyyah pre-Islamic Arabian era Jingina suspension of conjugal relationships Kayan daki room-decorating materials such as furniture, glass wares, etc. with which parents decorate their daughter’s room to accompany her as a bride’s dowry Khul’ divorce at the instigation of the wife Kulle seclusion Li’an accusation by husband of wife’s adultery without any witness Mijin hajiya literally, madam’s husband, used in a derogatory way against men who are considerate to their wives, insinuating the husbands are at their wives’ beck and call Mut’ah parting gift given to a divorced wife Sharia Islamic law Sunnah traditions of the Holy Prophet (SAW) Sulh non-formal settlement of disputes Tahlil making otherwise invalid marriage valid Talaq unilateral repudiation of marriage by the husband Ulama Islamic scholars Ummah the Muslim community Zihar injurious dissimulation Zina the offence of adultery 4 Acknowledgements Acknowledgements The Centre for Islamic Legal Studies, ABU Zaria, would like to register its profound gratitude to the National Co-ordinator of the Security, Justice and Growth (SJG) Programme, Vincent del Buono, for his confidence in the Centre’s ability to undertake this work. We must acknowledge the role, guidance and assistance given to us by Professor M. Tabiu, the SJG Regional Manager for the North. They have both not only shown keen interest in the project, but have also sacrificed their valuable time to go over our proposal and to assist us in refining it to produce this work. We can hardly find enough words to thank them. We must mention the unqualified support we received from some state Governors who not only gave their valuable time to receive and listen to us, but also proceeded, there and then, to involve their relevant Government departments to work with us in achieving the desired goals of the project. Similarly, we want to extend our gratitude to the Core Groups that assisted us by working out and forwarding to us proposals on the Action Plan for adoption at the National Conference. To the British Council and the Director of its Kano Office, Gillian Belben, who displayed keen interest at an early stage of the project, we are highly indebted. We would like to mention and acknowledge the invaluable contribution we received from the participants at the initial three consultations we held over the draft report with donor organisations, women organisations and Islamic scholars and Jurists. We gained a lot from their insight, knowledge and wide experience, as well as their critical comments. Although this report could not have possibly incorporated the views and comments of each one of them, it has undoubtedly been enriched by those consultations. Finally, we want to acknowledge the invaluable assistance given to us by our Research Assistants; the staff of the libraries of Bayero University, Kano; Ahmadu Bello University Zaria; Usmanu Dan Fodiyo University, Sokoto; various state history bureaus; the College of Education, Minna and of course the library of the Centre for Islamic Legal Studies, ABU Zaria. To all of the above and others whom we have not mentioned, we are most grateful. Ibrahim Naiya Sada Fatima L. Adamu Ali Ahmad 5 1 Promoting women’s rights through Sharia in Northern Nigeria Introduction 1.1 Background Sometime in 2004, a group of us from diverse backgrounds, under the banner of the Centre for Islamic Legal Studies at ABU Zaria, felt the need to do something to improve the condition of Muslim women in Northern Nigeria. Although at the initial stage it was not clear to us what was to be done, we felt there was an urgent need to act, and our feelings were predicated on the following observations: 1 With the widespread conviction of many states in Northern Nigeria to reform society based on Sharia, an opportunity had presented itself to improve the position of women, and to improve their means to face the challenges confronting them in this global age and ever-changing Muslim society. 2 In our society there were good and positive practices relating to women, which, however, were either not publicised or were on the decline, hence the need to identify, encourage and promote such practices. 3 There was an obvious, biased, attack on Islam concerning the position of women, both within and outside Nigeria, which was heightened with the expansion of Sharia in Nigeria, and so there was a need to respond to that in a constructive way. 4 Muslim women in Northern Nigeria, like women in other societies across the world, have been subjected to practices that violate their rights. Some of these violations are carried out in the name of Islam in spite of the fact that such practices are against the teachings of Islam and that the Islamic prescriptions in respect of women, if practised, can serve as a model to other societies. United on these facts, and faced with the financial condition of our universities, we wrote a proposal and sought funding on the issue. The Access to Justice programme, now the Security, Justice and Growth programme, of the UK Department for International Development (DFID), was approached for funding, which was subsequently granted. 6 1 Introduction 1.2 The process followed This report is part of a project that seeks to promote respect for the rights of Muslim women in Northern Nigeria through Sharia. Research and data collection for this report were carried out with the support of the Security, Justice and Growth Programme, one of whose objectives is to make justice accessible to the poor and vulnerable members of the society. Muslim women in Northern Nigeria, like others across the world, have been subjected to practices that violate their rights.