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Sharia Implementation in Northern Nigeria 1999-2006: a Sourcebook Sharia Implementation in Northern Nigeria 1999-2006: A Sourcebook Compiled and edited by Philip Ostien Volume VI: Ulama Institutions Chapter 8: Councils of Ulama and Related Bodies Part II: Documentary Materials MUSLIMS AND ISLAM IN AFRICA “Muslims and Islam in Africa” is a result of a research project on sharia debates in selected African countries, funded by Volkswagen Foundation see: www.sharia-in-africa.net. It has a multi-disciplinary approach and covers current research in the field of Muslims and Islam in Africa. There are no specific requirements as to the language of publication and to the length of the contributions. Contributions to this series may be submitted directly to the editors. Acceptance is decided upon by the editors and the academic advisory board. “Muslims and Islam in Africa” is hosted by the private website www.sharia-in-africa.net EDITORS Dr John Chesworth The Centre for Muslim-Christian Dr Franz Kogelmann Bayreuth University, Studies, Oxford, UK Germany [email protected] [email protected] BOARD OF REFERENCE Dr Ulrich Berner, Professor of Religious Studies, Chair Religious Studies I, Bayreuth University, Germany [email protected] Dr Liazzat Bonate, Professora Auxiliar, Centro de Estudos Africanos, Universidade Eduardo Mondlane, Maputo, Mozambique [email protected] Dr Muhammad Haron, Department of Theology and Religious Studies, University of Botswana, Botswana [email protected] Dr Bernadin Mfumbusa, Deputy Vice Chancellor (Academics), St. Augustine University of Tanzania (SAUT), Mwanza, Tanzania [email protected] Dr Esther Mombo, Associate Professor in Theology, Deputy Vice Chancellor (Academics), St. Paul’s University, Limuru, Nairobi [email protected] Dr Jamila Nasir, Professor of Law, Dean, Faculty of Law, University of Jos, Plateau State, Nigeria [email protected] Dr Philip A. Ostien formerly lecturer in law at the University of Jos, Plateau State, Nigeria, since 2008 independent scholar based in Madison, Wisconsin, USA [email protected] Dr Ruediger Seesemann, Professor of Islamic Studies, Bayreuth University, Germany [email protected] Dr Abdulkader Tayob, Professor of Religious Studies, University of Cape Town, South Africa [email protected] Sharia Implementation in Northern Nigeria 1999-2006: A Sourcebook Compiled and edited by Philip Ostien Chapter 8: Councils of Ulama and Related Bodies Part II: Documentary Materials [Note: the pagination of this initial online edition of these documentary materials will change when the rest of Chapter 8 is completed and all is published together.] As elsewhere in this work, in what follows spellings have sometimes been corrected and in the cases of some words standardised (e.g. ‗sharia‘, ‗ulama‘), grammatical errors have been corrected, and the mode of presentation of the texts has been standardised. But two exceptions to that general rule have been made for purposes of this chapter. In most of the the laws regulating Islamic preaching, dating from the 1970s and 1980s, ‗Koran‘ and ‗mallam‘ have been used as in the source documents, instead of the spellings ‗Qur‘an‘ and ‗malam‘ used elsewhere in this work. Detailed Contents: 1. Bauchi State 3 a. Sharia Commission: 2001-present 3 b. Sharia Consultative Council: 2001-present 7 2. Borno State 10 a. Local Government Authority Admonishing and Interpretation 10 Committees: 1977-1981 b. Islamic Religious Preaching Board: 1981-present 11 c. Sharia Implementation Committee and Council of Ulama: 2000-present 17 d. Ministry of Religious Affairs and Special Education: 2005-present 21 3. Gombe State 24 Putative Council of Ulama 24 4. Jigawa State 26 a. Emirate Committees for Religious Preaching: 1991-present 26 b. Ministry, now Directorate, of Religious Affairs and Sharia 26 Implementation: 2000(?)-present c. Council of Ulama: 2004-present 27 5. Kaduna State 31 a. Bureau for Religious Affairs (Islamic Matters) 31 b. ―The body of Islamic jurists of the State‖ 33 6. Kano State 34 a. Local Government Authority Interpreting and Admonishing 34 Committees: 1970-1985 b. Council for Islamic Affairs: 1982-1985 35 1 SHARIA IMPLEMENTATION IN NORTHERN NIGERIA 1999-2006: A SOURCEBOOK CHAPTER 8: COUNCILS OF ULAMA AND RELATED BODIES c. Emirate Committees for Religious Preaching: 1985-present 39 d. Sharia Implementation Committee: 2000 44 e. Sharia Advisory Committee: 2000-2003 45 f. Islamic Education and Social Affairs Commission: 2000-2003 46 g. Sharia Commission: 2003-present 49 7. Katsina State 56 a. Sharia Commission: 2000-present 56 b. Ministry of Religious Affairs: 2001(?)-present 62 8. Kebbi State 65 a. Religious Preaching Board: 1991-present 65 b. Sharia Implementation Committee: 1999-present 67 c. Office of Special Adviser to the Governor on Religious Matters: 2000- 68 present 9. Niger State 71 a. Islamic Religious Preaching Board: 1979-present 71 b. Sharia Commission: 2001-present 76 c. Advisory Council of Ulama: 2001-present 79 10. Sokoto State 84 a. Religious Preaching Board: 1979-present 84 b. Committee (or Advisory Council) on Religious Affairs: 19??-present 92 c. Office of the Special Adviser to the Governor on Religious Matters: 93 2000-present 11. Yobe State 95 a. Local Government Authority Admonishing and Interpretation 95 Committees: 1991-1994 b. Emirate or Traditional Council Islamic and Christian Preaching 95 Committees: 1994-present c. Religious Affairs Board: 2001-2003 99 d. Ministry of ReligiousAffairs: 2003-present 102 e. Council of Ulama: 2008-present 103 12. Zamfara State 105 a. Religious Preaching Commission: 1996-present 105 b. Ministry of Religious Affairs: 2000-present 105 c. Council of Ulama: 2000-present 109 d. Sharia Research and Development Board: 2003-present 121 2 DOCUMENTARY MATERIALS: BAUCHI STATE 1. Bauchi State a. Bauchi State Sharia Commission: 2001-present (1) The Bauchi State Sharia Commission Law 2001.1 A LAW TO ESTABLISH A SHARIA COMMISSION FOR THE STATE AND FOR PURPOSES CONNECTED THEREWITH Arrangement of sections: 1. Citation and commencement. 9. Meetings. 2. Interpretation. 10. Funds of the Commission. 3. Establishment. 11. Accounts and audit. 4. Composition. 12. Annual report and estimates. 5. Appointment and resignation of 13. Staff etc. members. 6. Remuneration. 14. Legal notice, immunity etc. 7. Secretary to the Commission. 15. Savings. 8. Functions, powers 1. This Law may be cited as the Bauchi State Sharia Commission Law and shall come into operation on the ………. day of ………………. 2001. 2. In this Law: [definitions of ―Chairman‖, ―Commission‖, ―Government‖, ―Governor‖, ―member‖, ―State‖, ―Attorney-General‖, ―Grand Kadi‖ and ―Auditor-General‖ omitted.] 3. (1) There is hereby established a body called the Bauchi State Sharia Commission, which shall be a body corporate with perpetual succession and a common seal and may sue or be sued in its corporate name. (2) The Commission shall have the power to create within itself such divisions and committees, as it may consider necessary for the efficient discharge of its functions. 4. The Commission shall consist of: (a) a full time Chairman who must be a Muslim and experienced administrator with good knowledge of Islamic law; (b) up to three Permanent Commissioners; (c) the Grand Kadi or his representative; (d) the Attorney-General or his representative; (e) two representatives of the State Council of Emirs who are of sound moral character; (f) two other persons who in the opinion of the Governor are of unquestionable character and of sound political judgment; (g) one member of the Sharia Consultative Council; (h) two legal practitioners who are Muslims and qualified to practice in Nigeria for not less than ten years, at least one of them shall have a background in 1 No gazetted copy available; copy of the bill as signed by Governor Mu‘azu on 6th June, 2001 in the possession of the editor. 3 SHARIA IMPLEMENTATION IN NORTHERN NIGERIA 1999-2006: A SOURCEBOOK CHAPTER 8: COUNCILS OF ULAMA AND RELATED BODIES Islamic law; and (i) a representative of the Governor‘s office who shall be a Muslim of sound moral character. (j) The Commission may invite any person to attend its meetings whose advice or opinion is required in its deliberations over any matter before it. 5. [Chairman and other members to be appointed by the Governor; term of office is four years and may be renewed; members may resign and Governor may terminate appointments for good reason; Governor may fill vacancies.] 6. [Salary and allowances payable to members to be determined by the Governor.] 7. (1) There shall be an Executive Secretary to the Commission who shall be appointed by the Governor and shall be the chief executive and accounting officer of the Commission. (2) The Secretary shall: (a) be an experienced administrator, a Muslim and possesses a good knowledge of Islamic law; [(b)-(d): keep the seal and records, carry out the policies and decisions, and perform such other functions and duties as the Commission may from time to time direct.] 8. The functions of the Commission shall include: (a) to ensure sustained education and enlightenment of the community on the full implications of the Sharia legal system; (b) creation and maintenance of awareness of the obligations of the citizen to the community under the Sharia legal system including the social and moral obligations of Sharia Court judges and other key personnel associated with the operation of Sharia legal system; (c) the promotion and sustenance of the overall integration of society including intra-and inter-religious matters, mediation
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