By Yusufu Shehu Usman
The Bill for a law to provide for equal inheritance between Male and Female now being considered by the Legislature, may work for other faiths but not for Islam.
In Islam, the issue of inheritance between the sexes has long been legislated upon by Allah and clearly entrenched in the Quran and the Sunnah of the Prophet Muhammad (SAW)
It is a law of universal applicable to the adherents of Islamic faith world wide as far as the sources of the law are concerned
The peculiarity of the Islamic faith is that in matters of faith and family law, the Muslim is governed by the Laws of Allah no matter what any other man made law says
These laws are established in the primary source of the shariah law to wit, the Holy Quran and the Sunnah of the prophet Muhammad may the peace and blessings of Allah be with him
To the Muslim, the Shariah law is supreme regardless of the system under which he lives or by which he is governed
And to the Muslim the Shariah law is supreme and superior to any other systems of law and he is not bound to obey any law that contradicts, conflicts or is inconsistent with the laws of Allah
With regard to the proposed Bill under consideration, it will only be accepted by a Muslim if there is a proviso in it that exempts issues of family law and inheritance among Muslims
It is important to state that even under our extant laws and the Construction, matters of Islamic family law and succession have been removed from the juri’sdiction of regular courts and placed under the special jurisdiction of Shariah courts
The Shariah courts are recognised by the Construction which has made explicit provisions for it’s application through a special court structure from the Area or Shariah Court to the Shariah Court of Appeals to, to the Court of Appeal through to the Supreme Court
If the Bill is passed into law without an exceptional being made with regards to Islamic family law and Succession, the Act will be contrary to the express provisions of the Constitution which created a system and heirachy of Shariah courts, with the right of appeal up to the Supreme Court on matters of Islamic family law and Succession.
The issue of inheritance is a matter of succession and in respect of the Muslim, the Constitution has assigned to the Shariah Courts exclusive jurisdiction
Therefore if the Bill seeks to provide for equal inheritance between both sexes regardless of distinction between the subject of the law between Islam and other faiths, it will contradict Islamic law and by extension, also conflict with the provisions of the constitution which has expressly and unambiguously conferred jurisdiction in such matters to the Shariah courts.
It is trite in our jurisprudence of the Constitution that any law be it an Act of the National Assembly or enacted by a State House of Assembly or in deed any legislative authority that conflicts with or is inconsistent with the provisions of the Consultation, is illegal, null and void, and of no legal consequences whatsoever, to the extent of it’s contradiction or inconsistency with the Constitution
I have no qualms with the Bill now under consideration by the legislature provided it creates an exception with regard to Islamic family law and Succession.
If the Bill is passed into law without such an exception, it is liable to be legally and constitutionally challenged in court for being in conflict with the Constitution.
++++++++++++++++++++++++++ USA Different Strokes For different folks
By Yusufu Shehu Usman
The United States Of America has placed itself above the International law. It does what it likes, anywhere, at any time and to any State without consequences
When it comes to war or invasion of any other nation, the US operates according to it’s interest real or percieved regardless of the law or morality
Yet the poor, weak and vulnerable nations of the world are expected to subject themselves to internal law, to respect and implement the resolutions of the United Nations General Assembly and the Security Council
It apppears there are two different regimes of international law. One for the United States and it’s allies and throwing other for the rest of the international community
The United States can enforce it’s version of international law against any nation of the world. It is bound only by it’s interest and not inhibited, limited or bound by any other law.
That is why the US can violate the territorial integrity and abuse the sovereignty and independence of smaller nations by invasion, intrusion and even conquest without any consequences by the United Nations General Assembly or Security Council
The US is the UN more, no less. The US the Judge and the Jury of its own interests and it has also arrogated to it’s self the powers and functions of the court in the international arena
It can pass judgement on any country especially the weak and poor States and proceed to enforce it according to it’s whims and caprices
The US only creates a little window of exception and regard when an issue involves other global economic and military powers like Russia, China and the NATO nations.
The rest of the world is in the United Nations to jamboree, drink tea and coffee and support the United States or remain silent on US aggression
No wonder the United States has appointed itself as the Policeman of the World and behave as such