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Media Advocacy: The Representation of Shari’a in Kannywood and Nollywood Films.

Introduction
Shari’a is an Islamic way of life. Literally the word “Shari’a” means water hole (i.e. path) where animals gather daily to drink water (Ado-Kurawa, 2004). Also, according to Elias and Elias (1986) Shari’a simply means “The Law”; whereas in Islamic jurisprudence, Shari’a means “a complete code of faith and practice” (Qadri, 1986:16). This implies that everything that a Muslim should or should not to do, how and when to do it, where and for whose sake to do that “what ever it is” is within the confine of Shari’a, whether spiritual, judicial, political, economic, social, educational, public or private life (Ladan, 2003:7). And that is why Shari’a was popularly translated or interpreted by Muslims as the “total way of life.” 

There are basically two divisions of Shari’a. First of all Shari’a as code of practice (mu’amalt) as in buying and selling, eating and drinking, going and coming out of bed e.t.c. Secondly, Shari’a as an administration of justice; this aspect of Sharia encompasses hudud and ta’azir (penal matters) Janayah (tort) Siyar (international relations) Ahkam Alsultaniyya (administration) Adab Al Qada’i (procedures and practice in judicial matters).

Shari’a as Code of Practice
Shari’a as a code of practice involved all form of transaction/interactions in form of enjoinment (Awamir) or prohibitions (Nawahi), what is enjoined, like being good to your neighbors, honoring the guest, helping the needy and the destitute among many others, and also how to do it, as in giving out gifts, how to talk and when to talk, how to use the toilet, what and how to eat and even how and where to sleep. So also is at what is prohibited as in doing harm to others, looting the public treasury etc. All these conform to Shari’a as code of practice that is supposed to be represented for the fact that they constitute more than fifty percent of the Qur’an.

Shari’a as a Legal System
This is the aspect of Shari’a as an administration of justice, that is to say adjective law or rather procedural law. This aspect of Shari’a governs the process of litigation, right from the initiation of a case –that is how to initiate a case and the capacity to initiate it (Locus Standi) of the plaintiff – to the hearing of complain, evidence -as in qualification of witnesses for the reason that not every body can serve as a witness before Islamic court of law, for certain criteria has to be observed like absence of enmity between the person testifying the witness and the person whom the witness is testified against, absence of blood relationship between the person witness and the litigant whom the witness is testified for and apart from being sane, adult among others - up to the execution of judgment.

The Islamic legal system of administration of justice tend to be more direct, non time consuming unlike the procrastinated form of English or conventional law, partly because  “The functional analysis provides that all procedural rules are completely fitted in their practical efficiency in providing machinery to settle disputes cheaply with proper justice between the disputing parties.” That is why “the system contains a method under which cheap, quick and effective justice is not only done, but is caused to be done.”(Qadri: 492- 493)

It is in this aspect of Shari’a (i.e Sharia as an Administration of Justice) that many arguments were raised, specifically on criminal matters that have to do with capital punishment such as adultery and fornication, theft, homicide, false witness e.t.c. The argument centered around a violation of human right, were as in answer to it is the issue of not only deterrence but only most effective means of deterring and preventing others from committing such offence, which is detrimental to society,(Ibn Katheer. 2004:Vol.1, 204) so the essence is that of societal peace and sanity, for all capital offences that has this type of punishment (regarded as inhuman by some non Muslims) has adverse effect on either the religion, life, sane, genes or properties which are fundamental things that Shari’a is safeguarding.  

Scope of Shari’a (Beyond Capital Punishment)
The common perception on Shari’a is that of capital punishment (Hudud). However, looking at Shari’a as a total way of life which is extracted from the Holy Qur’an and Sunnah (Prophetic tradition), let us look at the emphasis Qur’an has placed with regards to the subject matter. Throughout the Qur’an there are six thousand two hundred and sixty three (6,263) verses,[1] out of which only seven verses talked on capital punishment, constituting less than one percent (1%) of the Qur’an. This implies that the scope of Shari’a has gone beyond capital offence and punishment, which means other aspect of Sharia as code of practice must been grossly ignored. Even in the administration of justice, due consideration has not been given to civil matters and procedures.

Objectives of Shari’a
Like any other ideology, Shari’a has its own objective that it wants to achieve and that objective is to have a peaceful and just societal life. These objectives are achieved through the under listed points or mechanism upon which all the capital punishment culminated:

  • To safeguard religion: This is the first objective of Sharia which is the overall guide of both temporal and spiritual life.

  • Preservation of life:  This objective brings about the issue of prohibition of killing, body injury and the like.

  • Protection of the sane: This encompasses the issue of alcoholism and other intoxicants.

  • Protection of genes: This includes the issue of adultery and fornication and giving false witness.

  • Protection of property: (Wealth): Under this, there comes the issue of theft, armed robbery, fraud and other related offences. (see Abu Zahra, 1958, p366- 369). .....................................................................................................Continued on Next Page



 

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