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Democratic rule in Nigeria as it affects Muslim Ummah (3)
A legal system established on another basis is an unnatural system which will be lacking in vital elements and therefore doomed to be short lived. When the balance of harmony is absent, man is destined for misery and hardship regardless of the productive facilities such a legal system may offer him.
We may equally content that each system of life is a Law in the sense that law functions in society as philosophical security that determines the fiber of life in that society. If the system derives from a devine legal order, ‘then the society would be following a divine law or legal system but if it is constituted by a ruler or the tribe or the people, then the society would be adhering to a ruler’s law, or a tribal law or a customary law.
The contemporary exponents of legal doctrines and principles do not hesitate to express the fact that they are formulating doctrines and theories to mold the life-styles of people in their own image, in this fashion they substitute for divine law their individualistic personal patriotic or national laws or legal system as in the case of Nigeria. For instance communism is not a mere social system, it is a legal system based on the material aspect of this World and the existence of material contradictions which cause world evolution and Revolution, Thus, this system promulgates a purely economic interpretation of history, ascribing all development in human life to the means of production.
Because of these well attested facts, one can say definitely that there has never been a divine law which was meant to be confined to spiritual belief alone, divorced from the realities of human experience in its manifold practical aspect. Nor God has revealed, Law consisted of hollow ritual privately or collectively performed by its adherents. No one whcis deeply thought of the significance of term law could imagine that a divine law confines itself to people*s emotion by exercising no influence over the practical activities of life offering people no guidance in mundane matters whether conceptional, mediative or moral as Allah Himself attested to this in the Holy Qur’an chapter 28:77
“But seek with the (wealth), which God has bestowed on you the Home of the Hereafter} nor forget thy portion in this world: But do thou Good} as God has “been good to Thee and seek not (occasions for) mischief in the Land. For God loves not those who do mischief.’
The revealed law of God or natural law offers a comprehensive explanation of the whole World existence and its relationship to the law giver.
It soundly determines the kind of relations that realise the highest human objectives, as well as natural right to which man is entitled and the means he can reach the grandest objectives. Every divinely inspired law is constituted so as to provide men with the basis of that uniform doctrine by which they can fabricate the emotional, spiritual or practical element of their system of life. The mission of Sharia, therefore, basically is to establish a working contact between mankind and divine reality. Law inspired by God designed to sink into every fiber of the activities of life. God says:
“We sent no Apostle, but to be obeyed in accordance with the Will of God” Q4:64
On the part of the elected government officials, if we are to go by our definition, both at the time of Campaigning and oath making, the Holy Qur’an admonished.
“God command justice, the doing of good and “liberality to kith and kin, and He forbids all shameful “deeds, injustice and rebellion He instruct you that ye may received admonition.
“Fulfill the covenant of Allah when ye have entered into it!’ and break not your oaths after ye have confirmed them; indeed ye have made God your surety; for God know all that ye do.
“And be not like a woman who breaks into untwisted strands the yarn which she has spun, after it has become strong. Nor take your oaths to practice deception between yourselves, lest one party should be more numerous than another for God will test you by this; and on the day of judgment, He will certainly make clear to you (the truth) that wherein ye disgrace.
“If God] will, He could make you’ all one party, but He leaves straying whom He pleases, and guides whom He pleases, but ye shall certainly be called to account for all your actions.
“And take not your oaths to practice deception between yourselves, with the result that someone’s foot may SLIP affer it was firmly planted, and ye say have to taste the evil (consequences) of having hindered (men) from the path of God and a mighty wrath descend on you.
“Nor sell the covenant of God for miserable price; for with God is (a price) far better for you, if ye only knew.
“What is with you must vanish; what is with God will endure, and will certainly bestow, on those who patiently persevere, their reward according to the best of their actions.” Qur’an 16: 90-96.
In international policies at the present day, the oath taking seems to be almost a standard of national self-respect and international skill.
Islam teaches nobler ethics for individuals and nations. A covenant should be looked upon as a solemn thing, not to be entered into except with the sincerest intention of carrying it out; and it is binding even it large numbers are ranged against with regards to uprightness of a leader, Allah subuhnahu Watahla says;-
“0 ye who belieue-l stand out firmly for justice, as witness to God even as against yourselpes, or your parents, or your kin, and whether it be against the rich or poor; For God can best protect both. Follow not, the Lucts (of your hearts), lest ye swerve, and if ye distort (Justice or dechine to do justice), verily God is well acquainted with all that ye do” (Qur’an 14:135).
In Qur’an chapter 5 ; 9 Allah repeats a similar instruction thus:-
“0 ye who believe stand. out firmly for God, as witnesses to fair dealing, and let not the hatred of others to you make yqu swerve to wrong and depart from justice. Be just; That is next to piety; and fear God. For God is well-acquainted with all that we do.”
It is therefore imperative for any, elected Government officials to make use of the provision of chapter 4:48 of the Holy Qur’an which ways:-
“God do command you to render back your trust to those to whom they are due; when ye judge between man and man that ye judge justly verily, how excellent is the teaching which He gives you for God is He who Hearth and seeth all things. “
If an elected government official should adhere strictly to these rules of law, God Almighty addresses the ruled in the following terms;
“0 you uiho believe obey God and obey the Apostle and those charged with authority among yourselves and if ye differ in any thing among yourselves refer- it to God and His Apostle.” (Q 41 : 59).
During the farewell pilgrimage, the Holy Prophet Muhammad was quoted by Umra Al-Hsayn as saying.’
“Even it a slave was appointed over you, and he ruled you with Allah’s book, then listen to hint) and obey him.”
In another narration with Muslim, the Holy Prophet Muhammad (S.A.W.) was also reported as saying:
‘’Even if an Ethiopian slave whose nose was mutilated, rules with Allah’s book listen to him and obey him.”
This is a command from Allah that in whatever area the Muslim Ummah dispute about whether major or minor area, they are required to refer it to the Qur’an and the Sunnah of the Holy Prophet Muhammed for’judgment.
In general term, the Holy prophet Muharnmed (S.A.Vl’ directed this instruction to both the ruler and the rules thus “Each one of you is entrusted with a responsibilitu each one of you with be questioned on the responsibility. The ruler is responsible people) and he will be questioned abput his responsibility; The man is responsible for his family, and will be questioned about his responsibility. The woman is responsible for her husband’s house and she will be ‘questioned about her responsibility. The servant is responsible far his master’s property and he will be questioned about his responsibility. And a man is responsible for his father’s wealth and he will be questioned about his responsibility. Thus each one of you has a responsibility and each one of you will be questioned about his responsibility.