Sexual offences in a Muslim world: a socio-ethical reflection on Zamfara State (Nigeria) v. Bariya I. Mugazu

Abstract

On Friday morning, 29 January 2001, Bariya Ibrahima Mugazu was given 100 lashes. Zamfara state of Nigeria tried and punished this young woman for having had sex unlawfully in the previous year. Until this case between Zamfara state of Nigeria and unmarried Bariya Mugazu, controversies surrounding the full adoption of Islamic law (Shari'ah) in northern Nigeria seemed to have remained only a local issue. Section 10 of the Constitution of the Federal Republic of Nigeria bars any of its federating units from adopting a ‘state religion’. These states are, however, at liberty to adopt any suitable legal regime. So in 1999, when 12 states in the north of the federation opted for theocracy by adopting Shari'ah as state law, the predominantly Muslim public of the region claimed to be acting within the confines of the municipal law in embracing religiously based regimes. As such, the relationship between this religious and legal order and Nigeria's human-rights-friendly constitution remains controversial. Fornication or adultery may well not constitute an offence deserving criminal prosecution in the non-Muslim secular world. As shall be made apparent in this study, however, individuals' sex lives are highly regulated within the world of Islam. Since Islamic regimes strongly condemn fornication and adultery, this paper is concerned with reviewing Zamfara v. Bariya in order to establish whether the case succeeded in reflecting an Islamic concept of justice. If so, to what extent was the administration of justice by Shari'ah court(s) of law in Zamfara consistent with the ideals and teaching of Islam?