Blasphemy: Kano Shari’a Court ruling settled by Supreme Court, Ganduje must comply, Muslim Lawyers’ Association posits, asks antagonists to calm down as other Nigerians back verdict

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Islamic Shari'a Court

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*What public must know about this case – MULAN

By BASHIR ADEFAKA

“I hope it will not be too late for you journalists to realise that you have a divine responsibility to change society for better but that you have continued to either fail unconsciously or fail deliberately to do it, for main reason of what you want to eat. In this temporary and transitory abode? You have a duty to report and enlighten your reading public that what Kano has done is taking responsibility to make Nigeria better and the earlier you realise this the better,” the respondent told The DEFENDER on Sunday.

The Muslim Lawyers’ Association of Nigeria (MULAN), Kano State Branch, has released a statement expected to finally rest the case about the death sentence passed on a Kano based singer, Shariff Yahaya Sharifai, who blasphemed against Allah and Holy Prophet of Islam, Muhammad, peace and blessing of Allah be upon him.

MULAN’s statement was coming on the heels of continued education and enlightenment going on, which show that attackers of the system for passing the verdict are either ignorant of reality on the ground or that they act for cheer ‘irresponsible’ religious intolerance.

According to the statement signed by Chairman of Kano State Branch of MULAN, Muhammad Sani Garba Esq, although the ruling of the Upper Shari’a Court has had its bashing and backing from among members of the bar, the position of the law is that the process leading to singer’s sentence is recognised by law particularly of Kano State Penal Code, which said said was settled by Supreme Court of the Federal Republic of Nigeria as far back as 2007.

It said that the Honourable Judge of Upper Shariah Court Hausawa, Kano, was right in his judgment in which he convicted and sentenced the accused to death for blasphemy against the holy prophet Muhammad (S.A.W.) without prejudice to the right of appeal of the convict.

This, the MULAN noted, “is because the Supreme Court has decided in the case of Abubakar Shalla Vs State (2007) 12 MJSC at page 52-53 paragraph G-B that the position of the Law under Shariah is that any sane and adult muslim, who insult, defames, or utter words or acts which are capable of bringing into disrepute, odium, contempt of the holy prophet (peace be upon him) such a person has committed a serious crime which is punishable by death.”

In the press release issued on Friday, August 14, 2020 equivalent to 24th Zul Hijjah 1441AH, the Muslim Lawyers association referred to the criminal case C.O.P. Vs Shariff Yahaya Sharifai No. CR/43/2020 decided on 10th August, 2020 by the Upper Shariah Court sitting at Hausawa in Kano State where the accused person was charged, tried and convicted for the offence of blasphemy against the Holy Prophet Muhammad (S.A.W).

It said, “The case has attracted a lot of discussion from within and outside the state.  Even among our learned colleagues some have support the decision while others oppose it.”

It nonetheless arrived at a concluded, having examined the proceedings of the case, and noted “that the offence under which the convict was charged is an offence known by the Kano State Shariah Penal Code and provided in section 382(B).

“We equally noted that the convict has boldly confessed to his offence during the trial the details of which is contained in a Whatsapp group known as “Gidan Umma Amina” and transmitted into writing, (the certified true copy of the transcribed text was tendered and admitted during trial),” MULAN said and then took a stand.

Our Stand

“In view of the foregoing, MULAN has resolved as follows;

“That the honourable Judge of Upper Shariah Court Hausawa was right in his Judgment in which he convicted and sentenced the accused to death for blasphemy against the holy prophet Muhammad (S.A.W.) without prejudice to the right of appeal of the convict.

“This is because the supreme court has decided in the case of Abubakar Shalla Vs State (2007) 12 MJSC at page 52-53 paragraph G-B that the position of the Law under Shariah is that any sane and adult muslim, who insult, defames, or utter words or acts which are capable of bringing into disrepute, odium, contempt of the holy prophet (peace be upon him) such a person has committed a serious crime which is punishable by death.”

It also said, “That the general public should understand that Shariah is a Muslim Law applicable only to Muslims. Therefore any person who accept to be a Muslim must obey the provisions of Shariah irrespective of whether or not it pleases him.

“For people who don’t follow the Islamic faith we remind them that the constitution of the Federal Republic of Nigeria has guaranteed Nigerians to practice and observe the religion of their choice and be bound by its Laws and principles.”

It continued, “That Islamic Scholars are advised to counsel their followers properly in seeking proper Islamic knowledge and always ensure peace and stability in the society.

“#MULAN urges the Executive arm of Government in Kano State to ensure strict compliance to the Judgement as part of its commitment towards proper implementation of Shariah.*

“In conclusion, #MULAN wishes to enjoin Muslims to maintain peace and remain calm and above all pray hard for Allah’s protection to Muslims all over the world,” the bar’s Muslim association stated in the release by its chairman, Muhammad Sani Garba Esq.

The DEFENDER reports that the Christian Association of Nigeria (CAN), Kano State Branch, has already declared that it will not go against implementation of the Shari’a Court death sentence on the singer.

Although its input is neither required nor considered in implementation of Islamic Shari’a, the CAN may been guided by continued education and enlightenment activities of some members of the Islam faith and fellow citizens from among Christian faith, which vividly pointed out to Christian antagonists of the Shari’a Court ruling why they should stay clear of it.

An enlightenment agent had noted that, “The Christian Hotgospellers and other professional evangelical propagandists in Nigeria and abroad are venomously attacking Islam unjustifiably for awarding death sentence to the person (A professional Singer in Kano) who blasphemously abused the Holy and Noble Prophet Muhammad (on whom be peace) and who also eventually blasphemed against the Almighty Allah either because of the fact that they are ignorant of the  biblical justification of death penalty for any one who blasphemed against God or because of their pathological hatred of anything good  that has to do with Islam.”

He said, “I honourably challenge these Christians to impartially read the following references in  their Bible and respond to the questions in this article”:

“(1) In Leviticus 24 v 10-16 the Bible says that whosoever blasphemed against God should be stoned to death by the congregation of people and the witnesses according to a divine judgment. Can any born again or dying again Christian challenge this biblical condemnation of a blaspheme to death?

“(2) In Leviticus 20 verse 9 and Exodus 21 verse 17 of the Bible, it is as well written that whosoever abuses or curses his parents, either his father or Mother should be stone to death in the presence of all  the people. Jesus also said the same thing in Matthew 15 v 24 of the same Bible that whoever dishonour his parents should be killed. And in Matthew 5 VERSE 17 Jesus had emphatically confirmed the Mosaic’s law of capital punishment as well as in John 8 v 3-11 where he also commanded the stoning of an adulterous woman who was brought before him for judicial justice, as found also in Leviticus 20 verse 10-12 and Deuteronomy 22 verses 22-23 on the penalty for adultery. Now the most puzzling question is if cursing or abusing one’s parents deserved death sentence, what more of abusing a Holy divine Prophet  of God?

“(3) In Luke 19 verse 27 of the Bible Jesus also ordered the killing of those of his enemies who will not allow him to rule them. What can the Christians say about this biblical statement?

“Lastly the Christians are also requested to read the biblical verses in Deuteronomy 13 v 6-17 and Deuteronomy 17 v 6-13 that spoke about the death sentences for Apostates meaning those that forsaked God and went after strange gods..”, he said and concluded that those attacking the Shari’a Court ruling without knowledge and who are non-Muslims should, “Face your own problems and allow Muslims to practice their faith.”

In the meantime, another respondent, who dies not want to be mentioned, said the development that is cropping up points to better commitment to seriousness about discipline among Nigeria.

Asked if death sentence for blasphemy against God is not fighting for God when he can fight for himself, the respondent subtly asked, “Why must you descend so low to the pit of hell to say your supreme creator, without whom you couldn’t have existed, is no longer relevant and so that you will bring him to riducle? Now if you want him to come down and fight for himself, why did he create you as his vicegerent in charge of established courts on the surface of the earth?” He queried.

He concluded, “It is high time Nigerians should begin to think about themselves as human beings created by God and for a purpose of guarding his laws while their rightly guided enjoyment lasts on this earth. Little wonder you people, especially you journalists don’t ever tarry a while to find out if it is not all these mischiefs against God and humanity that make the problem of the country so complex to solve.

“Take for instance, America came and tried to take you away from consciousness about your creator and so, they tell you that certain laws of Bible and Qur’an regarding death sentence are of stone age. But recently the US passed death sentence on a 17-year old and none of you media made it popular so that you won’t be referred to it in times like this. This same America has made gay lawful and not only exported it to your country but also fund, in big way, your own fellow fellow citizens to defend the Gay’s rights even after our government turned down the US request for legalisation of gay in the country.

“I hope it will not be too late for you journalists to realise that you have a divine responsibility to change society for better but that you have continued to either fail unconsciously or fail deliberately to do it, for main reason of what you want to eat. In this temporary and transitory abode? You have a duty to report and enlighten your reading public that what Kano has done is taking responsibility to make Nigeria better and the earlier you realise this the better,” the respondent told The DEFENDER on Sunday.


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