Creation Of Communal Constitution In Nigeria

[Mai Halin Girma]

CONSTITUTION AMENDMENT: SHALL IT BE OK FOR NIGERIAN MUSLIMS?
Salim Ishaq Hassan (Salimullah)
Education Department, BUK.
salimanology@yahoo.com
www.salimullah1.blogspot.com
08036968200

The Concept of Democracy in Nigeria must be of more idealistic than realistic. Although Westerners claim that democracy grants people  their complete rights- both political and religious- to govern themselves and to chose their leaders, we Muslims in Nigeria and the world in general have never enjoyed the truth and reality of such claim. We have for long been prevented from our legitimate right of establishing full and complete Shari'ah Ruling System (SRS) in our respective Muslim states of Nigeria. The same thing applied to other Muslim nations worldwide. Democracy under its evil constitution has been undermining people's right especially religion. We Muslims when we mention our right of religion we mean that our full right for Shari'ah implementation in our states. Therefore I hereby call upon my respective intellectual Muslim political activists, students and scholars to support and advocate the creation of "Communal Constitution" in Nigeria in order to emancipate our Shari'ah from the constitutional constraints and restrictions. We most go beyond constitution amendment; for the problems, obstacles, and limitations against the Muslim laws are many in the present Nigerian constitution. We must seek for the reconstruction and re-creation of a new type of constitution. The only political strategy for the attainment of Independent Shari'ah in our states shall be the creation of "Communal Constitution" in Nigeria. This theory is a sub-theory extracted from a broader theory of "Communal Politics" which we have recently propounded. Communal Politics suggests that a heterogeneous society can co-exist to live equally, peacefully, tolerably, and interdependently only if the state constitution grants full liberty and right of political power to each and every community residing within the Nation, to govern and rule the members in accordance to their religion, beliefs, norms, cultures and philosophy of life. The Government can only have the authority to decide and to regulate what it should be done for the general growth and development of the nation as well as to function at international level. But, all legal, civil, and common laws should be exclusively reserved for the respective community leaders under the independent power of their state governments. So, what "Communal Constitution" entails? 

Communal Constitution is that type of constitution which provides laws on the bases of the religion, norms and values of each and every respective community in a state or nation whose members belong to the same religious entity e.g. Muslim Community (i.e. it constitutes all Muslim states and all those Muslims living in non-Muslim states of Nigeria). In Communal Constitution the national government should not make any law that may even likely to violate one or more of the religious values and laws of any of the communities. And in case of contradiction, the community members' law shall prevail. Therefore, it is interesting to note that Communal Constitution has two categories of law provisions: General Provisional Laws (GPLS) and Supreme Exclusive Laws (SELS). General Provisional Laws or GPLS is a distinct part in "Communal Constitution" that provides general laws in the nation that are common and acceptable to all communities; and that represent the positive aims, goals and objectives for the national growth and development in general. It is only government that has the authoritative power on the regulation and maintenance of GPLS; it is the chief designer and prosecutor of GPLS. Supreme Exclusive Laws (SELS) on the other hand, is another part of "Communal Constitution" which is mainly dealt with the communal laws of each and every community within the nation. When we say community in this regard we are referring to particular society belong to same religion (e.g. Muslims and Christian Communities). SELS are set of laws, principles and policies which are designed and provided by a particular Community based on their religion, beliefs, values and norms. Such laws and principles are their Ruling system governing their Politics, Leadership, and Economy in addition to both legal, civil and common laws in all dimension of social life. SELS are sacred, reverent and therefore untouchable by any provision of the GPLS. All the laws incorporated into the Communal Constitution shall be in the custody of Federal government. In fact, as far a particular community is concerned their SELS are supreme and superior to the state GPLS. This, in brief, is what we mean by Communal Constitution.

In general, "Communal Constitution" has the following basic features: It guarantees all Nigerian religious communities full and complete political right and liberty to rule their states in accordance with their religious laws and principles; It respects all of the communities' religion, norms, values and laws in such a way that no any state's secular law that is allowed to violate any of the religious law or system of the communities. Finally, in "Communal Constitution" it is the community laws i.e. (SELS) that have the supremacy and power in all politics and decision-making of the communities' own States.

All open-minded Muslims should support this theory to be translated into practice. Under this democratic system we should not expect for a minute that we can achieve our independent Shari'ah Ruling System. Therefore, we have no any choice but to enter into the veil of democracy in order to fight against it and peacefully subdue all its forces of political maneuvers and injustice. This is why we call this peaceful movement for the creation of "Communal Constitution" as political strategy. Hence, it is our primary duty to convince or even exert pressures upon our executives and representatives (Senators) to raise this bill in national assembly and to support its creation hundred by hundred percent. This is indeed a more just and much more comprehensive type of constitution. Pass This On and Let Them Know It.....!!!
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