RE: CONSIDERATION OF DISPARITY BILL ON INHERITANCE BY THE SENATE OF
THE FEDERAL REPUBLIC OF NIGERIA: THE POSITION OF NIGERIA SUPREME COUNCIL FOR
ISLAMIC AFFAIRS (NSCIA)
1.0 Introduction
The Nigerian Supreme Council for Islamic Affairs
(NSCIA), the apex Islamic Organization that supretends over the affairs of
Islam and Muslims in Nigeria, has observed with keen interest the laudable
efforts of the Senate in reinventing the Nigerian nation through constructive
legislations and strong oversight functions. The NSCIA is of the strong opinion
that a dynamic and visionary legislature and one which is sensitive and
responsive to the needs and aspirations of the citizens is sine qua non
for the realization of the goals of democracy particularly in such highly
pluralistic and culturally homogeneous society as ours. It is in furtherance of
these ideals which we believe occupies the core of the activities of the
current Senate that this position paper on the Bill on Disparity on Inheritance
currently being considered by the Upper Legislative Chamber is forwarded to
your Excellencies.
2.0 The Issue in Contention: Bill on Disparity
in Inheritance
The NSCIA has observed as follows:
- That the above Bill, which was initially presented by
Senator Abiodun Olujimi, representing Ekiti-South, has scaled through the
First and Second Reading in line with Senate processes for the passage of
Bills;
- That the proposed Bill, among others, seeks to stop
what its proponents deem to be the marginalization of women in regard to
inheritance in parts of the country;
- That unlike the debates on same-sex marriage and gender
equality bills, Senators on both sides of aisle appeared not to have found
any infractions on the religio-cultural sensibilities of Nigerians in the
Bill on Disparity in Inheritance as proposed;
- That contrary to (c) above, the proposed Bill not only
comes into conflict with immutable Quranic statutes but also constitutes
an attempt to infringe on eternal Islamic legal dicta on matters of
inheritance.
In order to dispel all doubts about item 2 (d)
above, some information on the features of Islamic law of inheritance is pertinent.
3.0. Brief Notes Islamic
Law of Inheritance (al-Mirath)
- The Islamic legal dicta on inheritance is immutable and
unchangeable. This is because, among others, it is believed to be one of
the prerogatives of the Almighty as the Creator of the Universe and the
One who reserve the right to legislate on such important matters as
inheritance among others. To enact a Bill that would take this right away
therefore would not only be nugatory (Q33: 36; 5:50) but also inconsistent
with Section 38(i) and (ii) of the 1999 Constitution which provides for
freedom of worship for all citizens of the Federal Republic of Nigeria;
- Following from (a) above, Muslims in Nigeria strongly
hold and believe that issues of inheritance falls under the category of matters
in Islamic law which consequent upon the availability of divine
legislation are not open for human manipulations, debates or alterations
(Quran2: 286),
- There are divine punishments and recriminations for
atrocious infractions of this provisions as stated in the Quran (Quran 4:
13-14) and under no circumstance would Muslims in this country would want
be party to such.
Further, kindly find below aspects of the unique
features of the Islamic law of Inheritance particularly as it relates to the
right and shares of women in the distribution of estates.
4.
Philosophy and Operationalization of Islamic Law of Inheritance
- The Islamic Law of Inheritance is premised on the
Quranic legislation which reads: “Men shall have a portion of what the
parents and the near relatives leave and women shall have a portion of
what the parents and the near relatives leave”
(Quran 4: 7).
- Inheritance in Islam is strictly within the family
cycle and blood relations
- The closer the heir is to the deceased the greater the share
of inheritance.
- The more dependent the heir is to the deceased the
greater the share of inheritance. The new generation is given preference
over older generation, regardless of the sex
- It is untrue to state that a woman’s share of
inheritance is always half of that of her male counterpart. Among the four
instances in which the estates of a deceased individual could become due
for distribution, it is only in one that the Almighty assigns double share
to the male heir. They include the following:
- When the woman’s share is equal to the man’s share: “For
the parents shall one-sixth of the estate each if the deceased left
children” (Quran 4: 11). Here both father and mother have equal
share of one-sixth each.
- When the woman’s share is more than that of the male
counterpart: if a woman dies and leaves a daughter, and her
husband, the husband gets one-fourth while the daughter gets half.
- When the woman inherits and the man is denied: if
a woman/man dies and leaves a daughter, a full sister, and a half-brother
from the side of the father, the daughter takes half of the inheritance,
and the full sister takes the other half, and the half-brother inherits
nothing, since he is prevented by the existence of a full sister.
- When the woman’s share is less than the man’s share: “Allah
enjoins you concerning your children; for the male is equal of the
portions of two females” (Quran 4: 17). Here the male is given
preference in the distribution of the estates of the deceased in
recognition, one, of the social responsibility the male shoulders and,
two, of the other avenues and opportunities from which the female may
benefit economically and financially. It is the view of the law that a
woman shall be financially secure and provided for as a wife, mother,
daughter or/and sister by her husband, son, father or/and brother
respectively. This is enframed as a matter of law and an injunction for
Muslims in the following portion of the Quran:
“Men are the protectors and maintainers of women because of what Allah has given the one more (strength) than the other and because they support them from their means” (Quran 4: 34)
5.0 OUR POSITION/REQUEST
While we recognize that in some parts of the
country the female folk is treated unjustly and unfairly on the issue of
inheritance, this should however not become a justification for the desecration
of sacred laws and customs such as that of Islam that are dear to large
segments of the Nigerian population. The NSCIA therefore request as follows:
- that in view of the apparent contradictions in the
proposed Bill on Inheritance in relation to the Divine Will as contained
in the Quran, the Senate should stand down further processes of the
passage of the bill into law;
- that no new action be taken on the bill until after and
unless the concerns raised in this document have been attended to fully
and expeditiously.
6.0 CONCLUSION.
The NSCIA finds the following statement of the
French polymath, Gustave Le Bon, to be extremely relevant. In his analysis of
the Islamic system of inheritance in 1884, Le Bon says:
“The principles of inheritance which have been
determined in the Quran have a great deal of justice and fairness. The person
who reads the Quran can perceive these concepts of justice and fairness in
terms of inheritance through the verses I quoted. I should also point out the
great level of efficiency in terms of general laws and rules derived from those
verses. I have compared British, French, and Islamic Laws of inheritance and
found that Islam grants the wives (women) the right of inheritance, which our
laws are lacking while westerners consider them to be ill-treated by the Muslim
men.”
Please be assured of the preparedness of NSCIA
to collaborate with you and other arms of government in ensuring a stable
and peaceful society where sanity, and development shall reign supreme.
Ustaz Christian Isa Okonkwo,
Director of Administration,
NSCIA.
Director of Administration,
NSCIA.
Why Senate Must Not Pass Bill To Empower Women,
Ban Quran, Bible, Others – Group
— Dec 4, 2016
The Owerri branch of the Association of Catholic
Medical Practitioners of Nigeria (ACMPN), has advocated to for the non-passage
of the bill for an act to incorporate and enforce certain provisions of
the united nations convention on the elimination of all forms of discrimination
against women, the protocol to the African charter on human and people’s rights
on the rights of women in Africa,
The group in a press statement emailed to
Abusidiqu said the bill sponsored by Senator Biodun Christine Olujimi will
put a ban to the use of the Quran and Bible as well Traditional Kingship
for Men.
The group said the bill amongst others also seek
to ban Catholic Male Only Priesthood, install Women as Emirs, Ezes, closes
all-male schools and seminaries, closes all-female schools and convents.
The press statement reads
WHY NATIONAL ASSEMBLY MUST NOT PASS THIS BILL
This Bill is a domestication of the Convention
on the Elimination of All Forms of Discrimination against Women (CEDAW). It is
worthy to note here that CEDAW was rejected by the United States Senate of the
U.S. Congress. The present Bill 2016, is no different than the earlier
versions, it still Bans the Holy Bible and Holy Qur’an, Bans Traditional
Kingship for Men, Bans Catholic Male Only Priesthood, installs Women as Emirs,
Ezes, closes all-male schools and seminaries, closes all-female schools and
convents. The Bill closes Islamic Madras because of the teachings of
‘stereotype’ behavior of women and men in Islam like clothing. All what is
progressive about Gender Equality exist in our Constitution Section 42(1) of
the 1999 Constitution. The defect in the Bill is that it does not explicitly
take cognizance of the established good practices of the religions and culture
of the Nigerian people. It must be stated in every section of the Bill that
promotes non-discrimination that “there is exempt of established good
practices that respect the religions and culture of the Nigerian people”.
This would mean that if the Catholic Church refuses to ordain a woman as
priest, it would not be regarded as discrimination against women on the basis
of gender. So also if the King makers of Sokoto refuse to crown a woman as
Sultan of Sokoto they would not be cited to be in violation of the law. As it
is now the Bill makes teachings of the Holy Bible and Holy Koran Qur’an
violations if it propagates that there are separate roles for men and women in
society. The Bill promotes ‘sameness’ of the sexes, while the Holy Bible and
Holy Qur’an promote gender complimentarity.
ACMPN Rebuttal Section 1 on Purpose of the Bill:
The purpose of the Gender and Equal Opportunity
Bill is to give effect to: The foreign agenda towards elimination of all forms
of discrimination that will facilitate destruction of all persons from
girl child to woman, boy child to man, and total destruction of the Nigerian
society using our own laws. Fundamental Human Rights under the 1999
Constitution on Gender is not ‘Gender Sameness’ but encourages ‘Gender
Complimentarity’. The 1999 Constitution recognizes the roles of men and women
and their inalienable rights. The Ban of the Holy Bible and Holy Qur’an from
schools promoted by this bill under the deception of ‘elimination of
stereotypes in curricula’ is not women’s rights but an attack against the
Freedom of Religion enshrined in the 1999 Constitution of the Federal Republic
of Nigeria.
ACMPN Rebuttal to Section 2(a)(b)(c), (3v) (4a)
Prohibition of Discrimination: in a way that it abolishes Christian and Sharia
religious laws
The Bill automatically abolishes Christian and
Sharia religious laws. There are no exemptions based on religion, customs and
traditions. This means that the Sultan of Sokoto could
be a woman if by age, academic standard and family lineage is the one due to be
in the position. The law mandates that the Sokoto Sultanate crown a woman the
Sultan of Sokoto and head of all Muslims in Nigeria! Catholic and Anglican
churches must ordain women as priests! So we can see that, the Catholic or
Anglican Primates in Nigeria could be women regardless of the Universal Church
apostolic traditions. All-women convents would now be shared by males, while
all-male seminaries will now be shared with females. This would mean the
destruction of religion in Nigeria. This will change our customary and
religious traditions we have maintained for millennia. This is not the equal
opportunity Nigerian women want in Nigeria. It would rather precipitate social
discord and unrest due to the destruction of the age-old traditions that have
maintained peace. The foreign sponsors of this Bill seek the destruction of
Nigeria. Section 2(a-c), 3(v), 4(a) is null and void and of no effect.
ACMPN Rebuttal to Section 4(b) mandates quotas rather
than competences and qualifications thereby creating structural institutional
discrimination it purports to prevent.
Quotas of 35% or more for women is not as a
result of qualification or competences but a structural institutionalization of
discrimination of persons who happen to be men qualified but not taken because
of quotas mandated by this Bill. In effect, the Bill established structural
injustices it purports to eradicate. The 35% is not equal to 50%! Rather the
Bill should state that in the case a woman is qualified for a political office
such opportunity should be granted on the basis of competences. The Bill can be
useful if it enthrones the principle of MERITOCRACY rather than QUOTAS. The
present wording is wrong and Section 4(b) is unconstitutional, null and void
and of no effect.
ACMPN Rebuttal to Section 5 (i)(ii)(iii):
Modification of Socio-Cultural Practices
Section 5 proposes elimination of gender
stereotypes. In Islam, God states the equality of humans in Qur’an (16:97) “To
whoever, male or female, does good deeds and has faith, We shall give a good
life and reward them according to the best of actions”. Just as in
Christianity, Islam recognizes equality of men and women, but also underscores
that this Equality is not Sameness. For example, the Bible in 1 Timothy
2:12 “but I suffer not a woman to teach nor to usurp authority over the man,
but to be in silence. To teach this would be considered illegal under this
Bill. The presence of such ‘stereotypes’ in the Holy Bible and Holy Qur’an is
not acceptable by this Gender Equal Opportunity Bill. This ban on stereotypes
without exemptions of religious teachings automatically bans the use of the
Holy Bible and Holy Qur’an in schools by mandating that there should be
‘elimination of gender stereotyping in education’. This means that no books
that say women have separate roles in a family than men could be used in
schools. Section 5 outlaws the Sharia and Customary courts. Section 5(i) promotes
female Catholic priesthood, female Ezeship, Emirship, Sultanship by
mandating “the promotion of equality of all sexes in all circumstances and for
all purposes, including choice of career”, no exemptions were made for religion
and customs of the Nigerian people. Sections 5 (i)(ii)(iii) are null and void
and of no effect.
ACMPN Rebuttal to Section 5 (vii): Double
Inheritance for Women but not Men
Section 5(vii)(11a)(13) proposes a woman having
equal share in inheritance as a man in their parents property and also proposes
share in her husband’s property, this would mean that a woman has ‘double
share’ from both parents and husband to the disadvantage of the man. The
rationale of the present traditional system is to allow inheritance in the
husband’s place to encourage sustenance of the marriage rather than divorce
because of earnings from inheritance from her parents. Therefore Bill violates
the important principle of equality that it purports to promote, hence the Bill
Section 5 (vii) 11(a), (13) is null and void and of no effect.
ACMPN Rebuttal to Section 7(b): Eliminates all
Religious Schools
Section 7(b) by mandating the “The elimination
of any stereotyped concept of the roles of men and women at all levels and in
all forms of education by encouraging coeducation and other types of education
which will help to achieve this aim;” it automatically outlaws religious
schools which are all-male or all-female. This means in Nigeria, there would
not be male-only seminaries or schools and female-only convents or schools.
This will destroy the Christian, Islamic and traditional African religions in
Nigeria. Section 7(b) is null and void and of no effect.
ACMPN Rebuttal to Section 8: Elimination of
discrimination in employment
Section 8 mandates to “eliminate discrimination
against women in the field of employment, occupation or profession” there is no
exemption clause for religion and traditions. Priesthood, Sultanship,
Ezeship are all professional roles which the law mandates women could choose
under this law, since there are no exemptions for religion or tradition.
This would mean the destruction of our present Christian and Islamic religious
traditions.
The Bill Legalizes abortion as a means to
protect health of women!
Section 8(g) mandates the right of everyone to
the protection of the person’s health… and choices in reproduction and maternal
or parental responsibilities”. This means that a woman choosing abortion as
a means for protection of her health is allowed under
The Bill would lead to Corporate Bankruptcy!
Section 8(g). Furthermore, Section 8(g) is
impractical and very expensive for corporations since it mandates that no
“entity shall limit or restrict or otherwise strictly regulate the period or
conditions, an employee undertaking maternity leave”. A woman could take two
years of paid maternity leave if she claims her had a child birth with come
complications. This could cost Nigerian corporations billions of USD annually
and is subject to gross abuse.
The Bill would lead to Loss of Foreign Direct
Investment!
This provision of the Bill will seriously
endanger foreign direct investment particularly in the area of textile industry
where many women work, and the competitiveness of Nigerian labour market will
be grossly diminished. Section 8(g) is null and void and of no effect.
ACMPN Rebuttal of Section 8(b) (c); 9(a): Right
to Equal Employment Opportunity and Right to Free Choice of Profession
The Bill Mandates Ordination of Women Bishops,
Ezes and Sultans!
Section 8(b)(c) mandates right to equal
employment and right to free choice of profession. There are no
exemptions! Similar proposals are in Section 9(a). This would mean that the
Nigerian Army must admit married women into serious combat roles against
military guidelines. The Church must ordain married women, homosexuals and
transgender priests despite the traditions of the Church. Sections 8 and 9 are
impractical and therefore null and void and of no effect.
ACMPN Rebuttal Section 10(a): Elimination of
discrimination in health
FREE Healthcare that is unpaid to Private
Providers!
Section 10(a) mandates corporations and in
Section 10(b) private institutions to provide free healthcare services to women
who are pregnant and within 2 years of delivery and children less than 12
years. The Bill proposes elimination of discrimination against any person in
health services. Why then are the FREE medical services only for pregnant women
and children under 12 years? The proposal is impractical because the costs must
be covered under the Universal National Health Insurance Scheme for everyone. Section
10(a)(b) is null and void and of no effect.
ACMPN Rebuttal 14(a-d): Provisions relating to
offences and sentencing including costs, damages and compensations.
The Primate Bishop and Sultan Must Make Public
Apologies for Preaching of Priests and Imams!
The Bill imposes imprisonment for non-offences,
such as admonishing a girl child for wayward behavior could earn the parents
imprisonment for one year or fine or both for verbal abuse of their child! In
Section 14(a), a Bishop or Pastor who preaches against abortion could be liable
for causing psychological and emotional abuse on any woman who has undergone
abortion. In Section 14(b)(c) she will be eligible for monetary compensation as
determined by the court. Section 14(d) makes the “head of the corporate body,
agency, institution or community shall be personally liable for such punishment
as maybe imposed by the court”. This means that if a local Muslim cleric or
Catholic Priest causes what is deemed by the court to be psychological damage
to a woman, the head of Muslims in Nigeria or the Primate Bishop would be
personally liable. The court can mandate a “public apology” by the Pope
or Sultan on the matter. This is outrageous! Section 14 is null and void and of
no effect.
ACMPN Rebuttal to Part B Section 15 and 16:
The Nigerian Tax Payer money would be used to
fund the National Human Rights Commission (NHRC) and the Federal Character
Commission (FCC) that will divert attention to prosecution of religious
leaders, traditional rulers, and parents because of abuse. NHRC and FCC will
target efforts at destruction of the Nigerian culture, religions and
traditions. The Bill is ill-conceived and must be rendered null and void and of
no effect.
ACMPN Rebuttal of Section 24: Interpretation.
“Abuse” includes physical, psychological,
sexual, verbal, economic, social, cultural or similar mistreatment or
mishandling which interferes with the integrity of a female or male human
being”
This definition of ‘abuse’ as ‘verbal’ was made
broad to include normal parental scolding of children, preaching against ‘sins’
of adultery, abortion, fornication, etc., as is customary in our
religious society. It includes preaching by Priests, Pastors, Evangelists,
Bishops, Imams, Traditional heads that condemn actions contrary to our religion
and culture. The latter curtails the “Freedom” of religion, and restricts the
Church and traditional institution from correcting the evils of society such as
the sins of abortion, contraception, fornication, adultery, etc. Perpetrators
if condemned by preachers on the pulpit could take offence even when not
specifically directed at them but at the entire congregation; the Bill allows
anyone to claim ‘psychological’ distress in response to ‘verbal abuse’ that
they consider violates ‘the integrity of a female or male human being’. There
are no limitations or exemptions made by the Bill, on what could be considered
as ‘abuse’ therefore all cultural manners of correction of children and young
people would be considered as ‘abuse’ liable to fine and/or imprisonment.
Daughters would go against mothers and sons against fathers in courts, with
parents facing jail sentences as prescribed by the Bill. This would create a
breakdown of ethics and morals, customs, traditional practices, and religion
that holds the fabric of our society. Children growing up in Nigerian society
that is compliant to Bill would have no cultural, religious, ethical and moral
restrictions and no traditional upbringing for which we are known as a people.
The impending chaos would lead ultimately to the disintegration of our entire
socio-political system. The goal of the racist foreign sponsors of this Bill,
under a deceptive title: Gender and Equal Opportunities Bill is in violation
of the Right to Freedom of Thought, Conscience and Religion in Section 38 of
the Fundamental Rights in the 1999 Constitution of the Federal Republic of
Nigeria. This Bill is null and void and of no effect.
ACMPN Rebuttal to Section 24: Interpretation of
Violence:
“Violence” includes physical, psychological, sexual,
verbal or emotional maltreatment or assault.
The Bill seeks to classify as ‘violence’, verbal
condemnation of actions and lifestyles not consistent with Nigerian religions,
customs and traditions. This would create ethical and moral chaos with ultimate
breakdown of our society. Section 24 is null and void and of no effect.
ACMPN Rebuttal to Section 24 on Interpretation
of Discrimination:
“Discrimination against any person” shall mean
any distinction, exclusion or restriction made on the basis of his or her sex
or gender or other condition or status,,, which has the effect or purpose of
impairing or nullifying the recognition, enjoyment or exercise by any person,
irrespective of their marital status, on a basis of equality of men and women,
of human rights and fundamental freedoms in the political, economic, social,
cultural, civil or any other field.
The definition of ‘Discrimination’ means any
‘distinction, exclusion and restriction’ in all areas, political, economic,
social, cultural or any other field (e.g Religion, traditional Ezeship,
Sultans, Emirs, Traditional Ohas, Traditional Prime-Ministership, Priests,
Pastors, Catholic Bishops, Anglican Bishops,Imams, and others). The Bill
underscores that there are NO EXEMPTIONS, in all applicable areas which women
can take roles equal to men. Therefore, the Bill abolishes all
male Catholic Priesthood, all male Anglican Priesthood, all male Igbo Ezeship,
all Hausa-Fulani Emirs, all male Igbo, Yoruba, Hausa tribal traditional
rulers, all male Seminaries, all female convents for Catholic nuns. The
entire Bill is null and void and of no effect.
Press Release was
Signed by:
Academician Prof Dr Philip C. Njemanze MD Chair
ACMPN for Committee on Review of National Laws.
Sources
https://www.abusidiqu.com/why-senate-must-not-pass-bill-to-empower-women-ban-quran-bible-others-group/?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+Abusidiqucom+%28Abusidiqu.com%29
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