The Status of Liberian Muslims And The Advocacy For Sharia Courts
By. Abdullah S. L. Sarnoh
Orginally published by TLD, November 15, 2002
Since creation, every human society has endeavor to set a standard norm and custom with which to regulate the conduct of its affairs, in accordance with sociological changes and in conformity with the secular and spiritual aspects of human life.
THE POSITION OF MUSLIMS IN LIBERIA
Islam in Liberia has taken a bit of a knock recently, and the country’s dormant Muslims can’t do anything about it unless to squabble on seemingly unimportant issues which further threatens and continues to weaken them in their faith.
However, the state can intervene in religious matters provided such intervention is based on the genuine intention of the government or authority concerned to unite the people of different faiths in order to bring about religious harmony.
This universal expression of worship finds itself in most constitutions in the world backed by a moral obligation, and imposed on various governments to have as a cardinal principle for religious freedom. Presently, what we have in Liberia is a deliberate attempt by the Taylor regime to impede or undermine the progress of Islam in Liberia, and by extension throw the Muslim ummah into disarray.
The present leadership of the Liberia Muslim Council is not a true representative of the ummah. This is because they came through government manipulation rather than through (shura) a Muslim parliamentary system of choosing leaders. But we believe the Liberian Muslims will resist all temptations or attempts that will expose them to such an undesirable phenomenon as disunity and sectarianism, which have overtime plagued them.
The condition of the Muslims in Liberia now is in a sorry state. For them to see the leadership question based on ethnicity further undermines the Islamic spirit, based on Taqwa. Moreover, this also has helped to fragment the Muslim community (ummah). In addition, Allah has admonished in the (Quran: 3v103) “Hold fast all unto the rope of Allah and be not divided therein”. But Muslims apologists out of sheer ignorance and greed are happy only with the crumbs and would therefore like to parade themselves as people who are helping the community.
Remember the president sent 220 Muslims to the last annual pilgrimage to Mecca, who upon their return would go straight to the Executive Mansion to pray for him. He has rented state -of - the art building as an office for the Liberian Muslim Council. Also, out of favor, two hours of airtime has been given to the Muslims.
All of this sounds good, but they are being used as a political weapon. Sadly, successive governments have always used Muslims as a pawn in the chessboard of Liberian politics, and have been constant losers. In this entire dramatic episode, what is actually their locus standi?
IS LIBERIA A SECULAR COUNTRY?
I don’t think any of my fellow countrymen would want to hold a contrarian view to that. But, Liberia has had as its presidents and vice-president pastors and Bishops respectively. This century, if you will, was a theocracy of sort. Further, on close examination of the constitution makes it clear that it is not supposed to be secular in any form; for it states: “We the people of the Republic of Liberia: Acknowledging our devout gratitude to God for our existence as a free, sovereign and independent state, and relying on His Divine Guidance for our survival as a Nation”.
It is only a nation that negates the existence of God that is a secular country. A western writer puts it ” secularism is the complete deliverance of the human being from any divine guidance or metaphysical belief”
WHY THE NEED FOR ISLAMIC LAW COURTS
Islam- as a way of life is a comprehensive system which touches every aspect of human endeavor ranging from family life to how one should live with his/her being in the society. Therefore, there is the need for every community to protect and promote its culture and values without equally infringing on other people’s rights and value system. If one takes a careful study of Islamic courts, it is the only avenue through which Muslims can preserve their cultural values and religious purity from the onslaught of modern secularism, in order to win the pleasure of their Lord creator.
TYPE OF ISLAMIC COURTS
The Islamic courts we need are those that will adjudicate on civil matters, and will best suit the needs of the Muslims Ummah in today’s Liberia. That is to say its derivative will be Muslim family laws – those that deals with matrimonial causes and related matters:
¨ Marriage contract
¨ Divorce/judicial dissolution of marriage
¨ Maintenance
¨ Inheritance
¨ Succession
¨ Bequest, etc.
It is not the objective of this writer to go in details. That will in’shallah be done at the appropriate time. I therefore, will restrict myself to the substantive. A Muslim scholar, Ibn Qayyim AL-Jawiziya in his exposition of sharia, said as a body of law is “founded on certain basic norms whose essence is justice, fairness and public good; and accordingly no proposition should be accepted as a rule of sharia unless it conforms to such norms, not withstanding that it has been unwittingly admitted into its corpus on the ground of analogy or logical deduction.’
WILL THE CREATION OF THE ISLAMIC COURTS BE CONSTITUTIONAL?
All the Muslims believe in sharia as divine laws. At one stage or another, within every civilization, and as a result, no substantial human group has ever been abandoned without divine guidance. Therefore, it is within this context that, Islamic law courts are necessary in the exercise of the fundamental rights of the Muslims.
Article 14 of the Liberian constitution states thus: “All persons shall be entitled to freedom of thoughts, conscience and religion and no person shall be hindered in the enjoyment thereof except as may be required to protect public safety, order health, or morals or the fundamental rights and freedom of others”.
Here, I want to buttress the point further within the framework of the present constitution. Let me mention Article 65: “The Judicial power of the Republic shall be vested in a supreme court and such subordinate courts as the legislature may from time to time establish. The courts shall apply both statutory and customary laws in accordance with the standards enacted by the legislature.” The operational words are: ” and such subordinate courts as the legislature may from time to time establish.”
The power to make laws is within the legislative competence of the legislature of the Republic in furtherance of peace, order and good government of the country. It also shows that such courts will have the legal muscle and
shall operate with the standards set by the legislature to adjudicate on matters and issues that are of Islamic custom and values thereof.
WILL SUCH COURTS GIVE MORE ADVANTAGE TO MUSLIMS
THAN CHRISTIANS
It is a well-known historical fact that Islam precedes Christianity in Liberia by far, and the working of Islamic laws had existed before the present law. Islam came into Liberia in the 11th or 15th century CE while Christianity came to Liberia through Providence Island in 1822, in the 19th century.
The Muslims being oblivious of these facts have not been complaining against the Christian domination of the country. Moreover, Islamic law had existed among the Muslims, however negligible for hundreds of years before the coming of the civic law. “We have now glanced at the leading tribes composing the aboriginal population of Liberia. For the most part, these people live in town and villages, from two hundred to five thousand inhabitants, and in communities of eight or ten villages.
In these communities, except the Mandingoes (Muslims), they have no written forms of law, but are governed as a general thing, by certain traditional usage handed from generation to generation” quoted in Black spokesman: selected publish writings of Edward Wilmot Blyden, ed by Hollis R. Lynch (p97). Those that came to settle and became Christians successfully marginalized the Muslims and their religious practice and rituals imposed Christian- oriented laws on them.
In conclusion, the core principle of Islamic law is justice; which gives everyone his due. In fact, Islamic law governs the entire life of man, whether in the spiritual and material aspect or the private and public spheres; including the minute details of his daily life. Also, it deals with the rights of any Liberian who seeks to live by the law of God.
Interestingly, Liberia has also demonstrated vital interests in religious matters by declaring Sunday, a religious day for the Christian, as a work free day, which favors Christianity and not secularism.
Orginally published by TLD, November 15, 2002
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