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CHAPTER ONE GENERAL INTRODUCTION 1.1 Background To CHAPTER ONE GENERAL INTRODUCTION 1.1 Background to the Study Islam is a religion of peace; it means peace; and it enjoins peaceful co-existence among different creatures.1 To make peace with God, one has to give absolute submission to His will; and to make peace with man, one has to do good and behave well always, and do to others as one would want them to do to one. The Glorious Qur’an confirms this when it says thus: Nay – whoever submits himself entirely to God and he is the doer of good to others, he shall have his reward from his Lord; there shall be no fear for such nor shall they be grieved2. From the very beginning, man has been enjoying some basic rights and some corresponding duties. The same has been the case with the modern men. The rights which are so basic and applicable to all human beings are known as human rights (Al-huquq al- insaniyyah). The basic concepts and principles of human rights have, from the beginning, been embodied in Islamic law,3 and Islamic concepts of fundamental rights are so practical, which more than 1,400 years ago Islam gave to men… and to the citizens of its state.4 In Islam, human rights are fundamental, they are derived from Shari’ah (the Islamic Law), and are regarded as one of the most important necessities of human beings. The Shari`ah enunciates the basic fundamental rights of man. Allah is the Originator and Creator of everything. He is the one to know and tell the human beings what the right is. The origin of rights therefore, is to be found in the Qur’an, Sunnah and practice of true Islamic rulers. Once the Qur’an and Sunnah of the Prophet approve any human actions as his right, there is no law or authority to change it or 1 disapprove it. Among all human rights, the right of freedom of religion is the most important one.5 This fact is established when one fully understands that human beings and jinns were created for the purpose of worshipping Him [Allah] alone. [Q. 51:56]. The people of the west have attributed every beneficial development in the world to themselves to the extent that they see themselves as custodians of processes for the implementation of human rights. But in truth, the west has no concept of human rights and civil rights before the seventeenth century when the idea of habeas corpus (right to refuse prison) was evolved. And it was not until the end of eighteenth century when human rights as a concept took on practices which have meanings in the constitutions of Britain and Europe.6 Certainly, the constitutions of the various countries of the world are not without provisions for basic human rights. For example, the Nigerian 1999 constitution deals with the issue of human rights in its chapter four. But more often than not, these rights exist only in the law courts. They are not given practical demonstrations by the high and the low in the society. The poor cannot claim their rights in the law courts because there is no money to sue, no money to pay lawyers and no money to further their case. It could be surprising to non-Muslims that human rights are not only categorically mentioned in the Qur’an but also successfully practiced by the Holy Prophet Muhammad (S.A.W) and his honourable companions more than 1,400 years ago when it was promulgated under the Shari’ah. The entire mankind is one nation and Muslims should think of the rights of all human beings. All the human rights granted by the Shari`ah are meant for the welfare of mankind. When one looks at Articles 1-30 of the Universal Declaration of Human Rights, it seems as if they are the reflections of the aims and objectives of the Shari’ah.7 1.2 Statement of the Problem Quite a number of researches have been conducted on the Nigerian constitution and human rights in Islam. It appears that none has been written on Islam and freedom of religion in Osun State of Nigeria. This is a vacuum which needs to be filled. Hence, this study fills the gap by investigating attitudes of Islam to the freedom of religious beliefs and practices as applicable to the people of Osun State. This study therefore, attempts to answer the following research questions: a. Is there freedom of religion in Osun State? 2 b. Is there freedom of religion in the public and private secondary schools in Osun State? c. Has any religious crisis been witnessed in this State, of recent? d. Is there any religious discrimination in governmental establishments of Osun State? e. Is there religious tolerance in this State? f. Can the relationship between the Muslims and Christians of this State be regarded as cordial and peaceful? g. Have there been interactive sessions between the Muslim and Christian clerics in Osun State? h. What are the problems of and solutions to the abuse of freedom of religion in Osun State of Nigeria? etc. 1.3 Objectives of the Study This research work attempts to examine the following: a. comprehensive meaning of freedom of religion. b. relationship between the Muslims and the adherents of other religions in Osun State as regards freedom of religion. c. freedom of religion in Osun State of Nigeria. d. concept and practice of freedom of religion in the Islamic Law (Shari`ah) and the Nigerian 1999 Constitution and how it has been implemented. e. Problems of and solutions to the abuse of freedom of religion in Osun State, if there is any. 1.4 Scope and Delimitation of the Study The study is focused on the freedom of religion as applicable to the people of Osun State. The study, because of time and financial constraints, is limited to Osun State of Nigeria. It discusses the advent and growth of Islam in the State, using purposive sampling method by selecting some big and small towns, cutting across the State. Freedom of religion in Osun State is also discussed, showing the relationship between the Muslims and adherents of other religions. The attitudes of Islam to religious beliefs and practice of the people of Osun State are also investigated. Questionnaires and interviews were conducted with selected people in the State, the results of which have shown the real situation and implementation of freedom of religion in Osun State of Nigeria. 3 1.5 Significance of the Study The study is significant because it: 1. examines comprehensive meaning of freedom of religion with regard to Islam and the common Law. 2. shows the relationship between Muslims and adherents of other religions in Osun State of Nigeria. 3. investigates attitudes of Islam to the freedom of religious beliefs and practices as applicable to the people of Osun State. 4. evaluates the implementation of freedom of religion as applicable to the people of Osun State. 1.6 Research Methodology This section has to do with collection of data and their analysis. Therefore, survey research method was used in the collection of data. Survey method requires systematic collection of data or information from population or sample of the population through the use of personal interview and or questionnaire both of which were used by the researcher. 1.6.1 Sampling Technique Considering the size of the entire population of Osun State which is difficult for the researcher to have contact with, not to be easily manageable by the researcher, the material resources and time constraints, a purposive sampling technique was used. This was employed to select a target population having the characteristics under investigation. Hence, the respondents to the questionnaire were selected from some educated and enlightened public individuals in Osun State to feel their pulse about freedom of religion in the State of Osun. 1.6.2 Insrumentation Before the administration and distribution of the questionnaire to the respective respondents, it needs to be mentioned here that the questionnaire, after it was constructed and developed by the researcher, was validated by questionnaire experts as well as the researcher’s supervisor. 1.6.3 Research Procedure The study adopted John Burton’s theory of human needs which states that social conflicts stem from unsatisfied human needs. One thousand and fifty copies of a questionnaire were distributed to 350 Muslim leaders, 350 Christian leaders and 350 4 adherents of African Traditional Religion (ATR) within 10 Local Government Areas of Osun State, namely Ede North, Ejigbo, Iwo, Ola-Oluwa, Ifelodun, Ife Central, Ilesa West, Irepodun, Ila and Osogbo which were purposively selected based on geographical spread. Key-informant interviews were also conducted with 10 religious leaders from each religion aged between 40 and 78. Scriptural data were sourced from the Qur’an and Hadith. Data were subjected to descriptive and content analysis. 1.6.4 Data Analysis and Discussion of Results After the copies of the questionnaire have been filled and completed by the respondents, they were collected from them, collated and analysed on the simple percentage basis. In the analysis, respondents’ choice of options to each of the questions or items of the questionnaire was considered and scored accordingly. The scores were computed and indicated against the number of every item sampled. This approach helped to confirm or indicate against the attitudes of Muslims and Christians of Osun State to freedom of religion. In the data, simple percentage was used and the findings were reflected in a series of tables. The following tables show the major findings of the study.
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