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To the Government of Nigeria
And the Shari'ah
Court of the State of Zamfara
Sirs, Eminent Judges
and Excellencies:
We, the
Muslims of North America, received the news of the conviction of Bariya
Magazu
with great concern and sadness. We appeal to you in the name of God and Islamic
justice to reconsider your decision and punish the real perpetrator of this
most grave offence.
Like you, we
are concerned that the law of God be implemented on His earth. But again, like
you, we are concerned that in carrying out the dictates of the Shari'ah
we should be always mindful of the Prophetic hadith that states: "Avoid
[inflicting] ultimate punishments (hudud) by means
of uncertainties (shubuhat)." Here are some
of the "uncertainties" we wish you to take into account as you
reconsider your verdict:
Is
Bariya
Magazu
really an adulteress? Adultery, in the case of a woman, can only be
maintained if the woman in question willfully and consciously commits the
act. This is confirmed by God's saying: "The adulterous woman and the
adulterous man…" which
clearly implies free choice on the part of the woman. This means that a
woman who is compelled by her guardian to engage in illicit sexual
relations is not an adulterous woman, but a victim whose rights must be
protected. Bariya was forced by her father
into prostitution against her will. Therefore, he is the guilty party who
should be punished, not her.
In
cases of unlawful sexual relations, both the man or men and the woman concerned
must be investigated, and not only the woman. Furthermore, modern
technology can with absolute certainty determine the actual father of the
child.
The
Maliki School (madhhab)
of Madinah
in particular gives priority to the welfare (maslahah)
of the Muslims, including the accused, in implementing the law. Moreover,
both the Qur'an and Sunnah
encourage even those who commit offences to repent and be rehabilitated
into the Muslim Ummah.
Bariya,
who according to international law is still a minor, must be treated with
mercy and given the chance to turn to God to mend her life.
The
case is analogous to the Ghamidiyyah
woman who had committed adultery and who came to the Prophet, upon him be
peace, and asked to be purified, that is executed. The Prophet turned his
face away in reluctance and told her to go away until she delivered. The
child was born, but he again told her to go away and nurse the child for
two years. In all this, he wished to give her a chance to repent and ask
God's forgiveness. The noble Qur'an repeatedly calls on all those who
offend against God's juridical bounds to repent, and promises that God
will accept sincere repentance.
Finally,
we live in a world of many religions and ideologies. Islam must be
presented in its true character as a religion of peace, tolerance and
mercy. The aim of our respected scholars should be not to punish and kill,
but to reform and restore the accused to the true faith (fitrah)
in which we are all created. May we remind you and ourselves in closing of
God's injunction: "If you pardon and forgive, it is nearer to righteousness."
We appeal to
you again in the name of God to pardon this unfortunate young woman and help
her to bring up her child. Please identify the father and hold him responsible
for maintenance of the child and her mother. Only in this
way can we show to the world the true spirit of Islam.
We thank you
and pray to God to guide your effort to establish justice, fairness and
forgiveness on His earth, for He is indeed the Hearer of prayer.
Posted
January 22, 2001