Zina (Adultery) in Islamic Criminal Law in Nigeria: The Gender Issues in Amina Lawal's Case

Abstract

Amina Lawal is the divorcee found guilty of the crime of zina (adultery) by two sharia courts but acquitted of the charge at appeal. The lower courts had grounded their conviction on the evidence of the birth of a baby girl, which by itself was, prima facia, proof of illegal sexual activity. Substantive (procedural) issues were later discovered to have been ignored and upon these discoveries, the Katsina State Sharia Court of Appeal discharged and acquitted Amina of the offense. This case provided one of the best springboards for looking at the ability of the Sharia legal system to safeguard the rights of individuals especially in cases with prescribed corporal and capital punishments. What happened in the wake of the events of Amina Lawal's case instead was an inundation of the media with gender related pleadings in the light of this case. Several Nigerian women organizations, who facilitated Amina's appeal, failed to utilize the opportunity of their involvement to do any constructive engagement and build some resource base that will assist in the understanding of Islamic law doctrines. For, there is no gainsaying the fact that it was certainly not any kind of pressure that caused Amina's acquittal, but the courage of the Katsina State Sharia Court of Appeal to read the relevant laws and apply them judiciously. To hold otherwise would be unfaithful to the fact of the existence of law. Nigeria is a multi-legal society. It is my contention in this paper that the punishment for the crime of zina (adultery) is not just for the female convict; the fact that the incidence of female defendants and of convicts is high is due to the ease with which elements creating suspicion as to the commission of the crime manifest in them. I will show that reducing the discussion in respect of the crime of zina (adultery) under Islamic law to gender issues is dysfunctional and will in no way advance the cause of women rights especially in countries with substantial and significant Muslim populations. In the alternative, I explore likely approaches that gender issues could be pursued under Islamic law and emphasize the need for women organizations to redefine their objectives and move away from merely challenging an 'immutable' law to explaining its implications within a wider perspective. I conclude that it will be a great disservice to womanhood to continue on the path of seeking that Islamic law treats zina (adultery) the same way the common law does.