Should I Chide The Sharia?

I have bird-dogged quiet recently to what I describe as not obscuring any more, but to the concurrence of an utter mischievous expository of a Divine Decree called the ‘Sharia’. It has been lampooned and conveniently declared barbaric. Mahatma Gandhi was absolutely right when he said: “I will not let anyone walk through my mind with their dirty feet”.

Since the dawn of time, whenever mankind is left alone egregious mistakes are bound to happen due to man’s imperfection; that was how come our grandparents [Adam and Eve (as)] erred. And it transcended again into the destruction of the people who lived ages after the demised of Prophet Noah (as); the devil manipulated them, consciously inoculated and beautified the worship of graven images, fire, and other celestial bodies, and these have wantonly led to polytheism in the world of today.

The deception of the obstinate one has left mankind in the lurch, we need a Godly rule to direct and cement the seepages and leakages in the man-made laws. Even at work places, we have stringent supervisors who superintend over the work we do. If Mankind is the most sophisticated machine available on the face of earth, it is very expedient to have a manual to enable him live comfortably, and this manual is the Sharia, I believe.

Sharia simply means a pathway to be followed. In essence, it connotes a divine rule that governs the actions of the Muslims. This principle is enshrined in [Quran 1.6-7] “keep us on the straight path. The path of those whom you have bestowed your grace. Not the path of those upon whom thy wrath is brought down or of those who went astray”. Muslims are completely assured that the Quran is the last testament of Allah and thus they believe that being on Allah’s path is more powerful than any doctor’s medicine. If the rest of the world had believed that the God of Jesus (as) is the same God of Muhammad [pbuh] there will be no misapprehension about that!

On December 8, 2017, Pope Francis adjured Christians to rectify the 'Lord's prayer pertaining to the phrase, ‘’and lead us not into temptation’’. His basis was that it should have been “do not let us fall into temptation”. Superficially, it sounds great and it was a wise counsel though because God Almighty does not and will not lead mankind into temptation. In Ghana alone, the ‘1992 constitution’ has had its various amendments in most of its sub sections. For instance, article 112, which was intended to be amended following what Dr. Dominic Ayine begun the process to enable the country’s Parliamentary and Presidential elections to be held on first Monday of November.

So all man-made laws are subjected to change by the passage of time. This mandates that we need a Devine decree which is complete, authentic, irreversible, and superior to all other constitutional injunctions. However, looking at the venom and opprobrium littered on the Islamic sharia, I stand to hoot the arrogance of the novice!

The sharia has four branches named in a chronological order; Quran, Hadith [traditions of Prophet Muhammad [pbuh], consensus and analogy. The Quran is infallible and in chapter 15.9 it says; ‘‘We have revealed the Quran and will guide it from corruption”. All the rulings are taken from the Quran and the traditions of Prophet Muhammad [pbuh] act as a source of interpretation. Then cometh the logical discernment of jurist and a consensus of the scholars to underpin a particular ruling in the Sharia. The legal court system of today accedes with the Islamic court system but the only distinguishing factor is the paramount usage of the book of Allah as the basis to proffer justice!

Generally, a lawyer would be made available to both the plaintiff and the defendant. The Islamic jurist hears the complaints of both sides before rendering his resounding interpretation to the case which is brought forth, then a verdict is given from Quran and the hadith. The other sources of sharia are scholarly consensus and legal reasoning by analogy [Qiyas]. Nonetheless, there are certain rulings which are not stipulated explicitly in both Qur'an and the hadith, so it calls for the jurists to use their acumen to read meaning into the Quran and Hadith. For instance, in most Islamic countries; smoking was generally not prohibited [haram] but it was classified as ‘not encouraging’ [makruh] until a century ago, when the matter was resolved and recognized as sinful. This is because the jurists made a legal analogy by referencing Quran 2:195. Remember, the Quran and the hadith did not make any explicitness about the matter of smoking but indirectly classified all matters of suicidal as haram. In this verse, Allah says, “do not allow your own hands to cause your destruction”. And in a hadith, Prophet Muhammad [pbuh] reprimanded his disciples not to join a communal prayer when they have eaten onion or garlic because of its scent which causes distress to most people. With these proves, scholars have unanimously agreed that smoking is prohibited and detrimental to one’s health which leads to ‘slow poison’ as also reported by World Health Organization [W.H.O]. This is how intriguing the third source of the sharia works; it is always in consonance with the Qur'an and hadith.

Whenever the Sharia is mentioned; it appears horrific, suppressing, inflicting and degrading. Truly, the world is very cold to Islam and Muslims, even to the point that a layman knows that the only available punishments in the Sharia are hand chopping, stoning to death and subjugating women. These are ominous perceptions, and I am being foisted to agree with Alexander Pope's quote in 1688-1744: "A little learning is a dangerous thing; drink deep or taste not the pierian spring". Thus Muslims must canvass a demystification about the modus operandi of major punishments surrounding the sharia. In perspective, criminal cases are categorized into three types. Hudud is an offense against God and the state, it has a fixed punishment in the Qur'an. Offenses like murder or wounding against an individual or family requires retaliation [Qisas] or paying compensation [Diya]. Tazir is a punishment which is not specified in the Quran but it is solely left for the jurist to churn out a conciliatory judgement by using the Quran and hadith.

The offenses under Hudud crimes are known as ‘create, loot and share’, murder, adultery, intoxication, fornication, highway robbery etc., and the possible punishments which are meted out include public lashing, stoning to death and amputation of hands. Remember, when the Jews accosted Jesus [as] with the idolatress’s case so as to be stoned to death as commanded in the Mosaic Law, John 8.4-11. This did not happen because the man that the lady committed the crime with was not present then and Jesus [as] at the time had no statutory authority to execute people as mentioned in John 18.36, “my kingdom is not of this world”. If he had said that they must not exercise that judgement too, he may have contradicted his earlier statement in Matthew 5.17, “do not think that I have come to abolish the Mosaic Law or the prophets; I have come not to abolish them but to fulfill”. That is why he asked the accusers a rhetorical question of who among them has not sin before. If he dares, he would have been accused.

Firing squad is replete in Ghana’s political history. Former head of state Ignatius Kutu Acheampong’s era was termed as 'Fa wo tu begye Golf' and 'Kalabule' [corruptible officials]. His officials who were involved in these scandals were dealt with. He was later executed by firing squad on 26th June, 1979, with two other former head of state, General Afrifa and General Akuffo. Amedume, Boakye, Felli, Kotei and Utuka were also fired following the June 4th revolution. Bribery and corruption have also crept into our legal system, eating up the moral facets away. This is indisputable, following the reportage by ace journalist, Anas Aremeyaw Anas, allegedly showing how some Judges took bribes in exchange for justice. Thus, we have suffered in the hands of public officials whose main motives are family centered, carefully shrouded as ‘create, loot and share’ ever since we gain independence from the Caucasians. It is of truth that no political party in modern Ghana has ever been an incorruptible virgin.

Pathetically, what would have been said about Mr. Alfred Agbesi Woyome’s purported National fraud? He will either be convicted of rigging the state of 51.2 million Ghana cedi judgement debt or acquitted! But our legal system has failed us to some extent though, if the sharia is positioned in his case by now justice would have been duly served. Under the sharia, the Islamic jurist would have made him refund the money aptly and then get amputated if he is declared guilty in order to serve as inimical to those who want to follow in his way.

Why do people keep saying that he must be wary of Hon. Martin Alarmisi Burns Kaiser Amidu, the special prosecutor? Could it be of his justice prone! That is the essence of the sharia; it makes it so difficult for one to commit a crime. You will think more of the punishment than the crime and eventually, it will foil all your intended plans in anyway causing financial loss to the state. But because Perpetrators assuredly know the loopholes in the legal system that is why they keep committing such heinous malfeasance.

In the case of retaliation [Qisas], a Lebanese known as Ahmad Safiadeen was murdered in cold blood after he had withdrawn a gargantuan amount of money [200,000ghs] from the bank to pay workers and cater for other expenses on February 28, 2018, at Tema. If the sharia was put in place, those armed robbers would be brought to book by also being killed and the money would have been refunded.

For instance, in the case of demanding compensation [Diya], if a surgeon wrongfully kills a patient while doing a surgical operation, the family of the deceased would have to demand for blood money. But if the act which resulted to the death of the patient was out of negligence, retaliation is demanded. Somewhere in 2009, Amaneh Bahrami, an Iranian woman, who was blinded in an acid attack requested that the assailant must be blinded as well.

It is not the society versus the state but rather the victim versus the assailant, so the victim has the ample power to demand for retaliation or grant pardon. However, Ms. Amaneh in her case granted pardon for the wrong doer eventually. Here in Accra, it was reported that Esther Enyonam Pekyi, on June 25, 2015, had showered acid on her boyfriend which turned him into a grotesque. What did our legal system do to this livid woman and to what extent? Eric Ohemeng’s family would have gotten justice if the sharia had ruled and prevailed. With these embodiments, the Islamic countries had been so great when it comes to justly dealing with crimes, it is grandeur. Still and all, the Sharia has not been accorded the accolade of serving justice perfectly in the minds of most people. Reasons factoring these into realities are opaque but being discernible would foster you with these latent ideas.

To begin with, before the sharia law is applied, it is the imperativeness of the ruling King or Government to provide social amenities which are envisioned to bridge the gap between the rich and the poor. In Ghana, when it rains for 30 minutes it plunges us to less productivity in all spheres of our lives either at school or work place! The poverty level in our economy alone is so brewing that pregnant women at hospitals had to deliver on the floor instead of bed.

Unemployment rate is so raging to the point that when an organization like Ghana Immigration Service advertised its recruitment it is more of extortion than providing livelihood for the poor Ghanaian compatriot. Out of 84,000 applicants only 500 would be recruited which is not even up to 50% of the total number of applicants in Accra alone and notwithstanding, each applicant paid 50.00ghs. Ghana Immigration Service pocketed close to 4,231,850ghs out of the sold vouchers, all these incidents rather exacerbate the woes of the job seeker. Those who cannot stand the test of time would be compelled to resort to all sought of reckless living.

I am not in support of those who use this predicament as a haven for becoming nuisance to the community, but my opinion is rather that if the sharia is emplaced, state officials and the Government will or are tasked by Allah to make all these economic privileges available before if someone rubs his hands would be chopped off. Assuredly, if someone steals food then it means that the President has not done his job comely. In Ghana, when you are charged with a crime of stealing something meager you would be put behind bars, but a well ‘decorated thief’ in the office gets away easily due to political affiliation, the sharia does not tolerate such nonsense!

The power of the media is a well notable factor. The media have the power to turn black into white and white into black. The western media have the power and are the pace setters in this 21st century. Most often, everything ‘whitish’ is given preferential treatment as shown in the ongoing court hearing of the obnoxious alleged rape case involving a Ghanaian male nurse, Mr. Ernest Green and the Italian tourist called Daniela, which occurred at the Damango hospital, Northern Ghana, 9th April, 2018. Even after independence, we are still in the shackles of 'mental slavery' as Bob Marley cautioned the black race to emancipate itself therefrom. We accept anything that comes from the media space without probing further.

If a Muslim man aged 60, marries a girl of 16 years in northern Ghana it will appear in the main stream news every day. Nevertheless, when a non-Muslim, aged 50, rapes a 10 year’s girl, it appears in news brief and it gets buried. The news will not surface again or would be trivialized. Although the media is a powerful tool for conveying and combating issues that are affecting humanity, the western media sometimes is bias and spreads erroneous intent to dent Islamic adherents. It was reported that a man has defiled a four years’ girl in Assin Adadatidem, a suburb of central region, Ghana.

After the incident was made known to the chief of the land he says that the scoundrel was innocent according to the ‘gods’ of the town. Why is it that when a Muslim commits a crime then Islam is blamed or the sharia is questioned but when the perpetrator is a Christian then the individual is rather blamed and the religion of Christianity is exonerated? I am not saying all Muslims are in fact the holiest, but my worry is about the double standards. Nikolaz Cruz, aged 19, gun downed 17 people and injured 17 at the Majorgy Stoneman Douglas High school in Parkland, Florida, on March 8, 2018. Making it the world's most leading deadliest school's massacre.

The culprit was not termed as a terrorist albeit the mayhem and how he traumatized the students as well as school officials. Amazingly, he was accepted as a minor and not a terrorist. In contrast, September 14, 2015, Ahmad Muhammad, aged 14, schools at MacArthur High School, Texas. He was a genius but was arrested by the police after he reassembled a digital clock and brought it to school to show to his teachers.

Regardless of being futuristic he was accused of causing a bomb-scarce by his English teacher and he was reported to the school’s principal and later to the police. This took several interrogations and a denial of seeing his parents. Later, voices of human rights organizations and the erstwhile President Barack Obama to get him acquitted. It was nothing but because he was a practicing Muslim he was made to look like a terrorist even after the police had issued that he had no intent embarking on any suicidal mission. So, if you siphon Nikolaz Cruz’s case who massacred people and Ahmad Muhammad, a budding scientist, who deserved to be called a terrorist? This is a clear cut prejudice, stereotypical and an intense supposed blatant islamophobia.

Moreover, the sharia is not loved by many not because of its savvies but truly of a deliberate intellectual dishonesty cum inferiority complex. People see the truth and choose falsehood to quicken the gullibility of the most susceptible! We need to know that an Indian mosque had done a consecrated effort for over 30 years in giving an interest free loan to the society. They only accept jewelry and gold as collateral, and of its clients are people from different faith numbering to 30%. None of the collateral is said to have been auctioned yet to the public because both the Mosque and the people are abiding by the rules.

The mosque is offering an interest free loan unlike how the commercial banks lend closely to 30% payable interest. The sharia forbids taking or giving loans with interest, and Allah fumed to it by saying that “those who consume usury would arise on the day of resurrection like those who the devils have pelted with stones inching them into insanity, Qur'an 2:275. Heretofore, Muslims and their paramount constitution, the Sharia, had been trashed with porous argument. I stand today postulating that I would rather not chide the sharia because I think those who disagree completely with the sharia must reconsider the following!

A Devine rule needs no amendments, and since the Quran and the sharia have not been amended in the history of mankind, and of course, till we all perish on this earth, it must not be viewed with one’s monocle! In Singapore, visa is free but not to say that they condone certain crimes. The country is one of the world's cleanest and advanced in science and technology. An unscrupulous Ghanaian named Billy Agbozo who smuggled cocaine to Singapore was nabbed and finally executed by hanging to death. He thought of outsmarting the intelligence of security officials all to meet the end of his transient life on March 9, 2018.

When it matters to Ghana we can confer in the prevalence of impunity, which was why in September 2011, Nana Ama Martins was arrested for possessing large parcels containing a substance suspected to be cocaine, but later it mysteriously turned into powder. I hope they would have thought twice if they were in a country like Singapore.

Indeed, truth stands out clear from error. During the Easter holidays in Ghana, on April 4, 2018, news unfolded of an aircraft engineer with African World Airline by the name Kwamina Kumi Prince that, he has been shot twice in the chest with a flimsy excuse from Ghana Police Service that he was drunk so his car was confiscated, but they failed to drove him home, on his way he was unfortunately murdered in cold blood.

Now the family is demanding Ghana Police to provide a cogent reason why they acted that way. I will dare the sharia in this incident, like then, Ghana Police would be charged with Tazir and the murderers would be killed. With respect to the sharia, the family would feel relived because justice would be carried out smoothly. As we mock the sharia, little do we know that it rather lubricates due diligence, smartness, reactiveness, lean treatment and sound judgement.

Biblically, the punishment for men who seek the pleasures of men and women who seek the pleasures of women is death. And, we heard the interview President Nana Akuffo-Addo granted Aljazeera news which sparked outburst of the public thinking he was in support of the legalization of ‘gay rights’ in the economy of Ghana. Some Ghanaian gays thought it wise of protesting this in Canada although they were not physically present in the country. If they had heard the sharia ruling stipulated they would not have befooled themselves.

Sharia wise, homosexuals can be stone to death depending on the act. The Bible was very strict with issues relating to homosexuals. Leviticus 20:13 “if a man also lies with a man, as he lieth with a woman, both of them have committed an abomination: they shall surely be put to death; their blood shall be upon them”. How on earth people have the guts to clamor for their rights and not their lefts! Even with this filth they meant to hoot the ‘1992 constitution’ of Ghana, it is sickening! I bet you this absurdity would not be coined in places like Egypt, Algeria, Qatar, Saudi Arabia and other Islamic majorly countries. People like Mr. Moses Foh Amoaning should always be given the space to interpret Ghana’s legal standing on Gayism and lesbianism unlike the disguised proponents we do hear their secular and divergent views.

In the credence of this piece, I envisaged by now you have become inundated not to chide the sharia again because you would dread to remember the heartless indigenes of Denkyira Obuasi and how they lynched Captain Maxwell Mahama dastardly, last year. The entire country was enraged; felt raped in a cold blood watching the excerpts of the deceased army personnel. It was reported that 32 people were involved, so you see why the sharia is much needed? Ghana Armed Forces deployed troops there but we the civilians considered it as scornful or ‘an eye for an eye’! If you say yes, imaging that was your son; it would have been your wish that the Mosaic Law was the constitution of Ghana for that nick of time.

The sharia is against nepotism; it renders total justice to all and sundry. No one is above the sharia in Islam and none can use his political powers to buy injustice or justice in the sharia. The beggar or the giver, the slave or the master, the rich or the poor, the minister or president, all are painted with the same brush. “Surely Allah is not unjust in the least degree, and if it is a good deed He multiplies it and gives from himself a great reward”, Quran 4.40. This is how the Islamic sharia works, until justice is served without fear or favor.

Furthermore, the sharia has no leakages. Almost all cases that would happen or has not yet happened are being captured. It encompasses all aspect of life which gives a better understanding of the life of a Muslim. It is complete and exact, mentioned in the Qur'an 5.3, “On this day, I have perfected your religion for you”. In addition, its source is sublime. Of the sharia, God Almighty is the master of Judges, the jurists are only instruments used in carrying out Allah’s dictum.

Truly, the sharia is preventive rather than punitive. In our childhood days we used to have fun by a game called 'mami k3 papa' translated as ‘mom and dad’. It is basically young kids mimicking married couples. In this, most of us in our teens have either played the role of a father or a mother. At some few hours in the day we are forced to believe it is night time and as tradition demands, mom and dad have to go indoors. Our colleagues who acted as our kids will go to bed and you share the bed with your wife that is when everybody is asleep. Sometimes, foreplay takes place unintentionally with our counterpart as kids as we were, and most often, it results into courtship after the attainment of adulthood, paving way for illicit sex eventually.

The sharia prevents, and of this, Prophet Muhammad [pbuh)] said: “a man and woman in seclusion have the third person being the devil. He also says that do not touch the palm of a woman who is not your sister or mother, it would have been better if a nail passes through your head than to touch a woman’s hand”. The criminal code for a fornicator and fornicatress is a pillory punishment of hundred lashes each, after four faithful witnesses had testified that they had seen the pen entering the hole. If the witness lied, they would also be dealt with. So by this the sharia had, has and would always be serving as a deleterious law rather than witch-hunting. It is only few criminals who have been either amputated or lashed in public. You will think twice before accusing women and not as it is being done in our environment today. I am really stunned that people still consider the sharia as evil; candidly, it is galvanizing mankind’s appetite of being morally unaccountable. Just get yourself a hot coffee and ask yourself while busily sipping; whatever crime you may have committed, if you were in a country that uses Islamic sharia code, would you have done that? Just be frank to yourself.

In vogue, and without mincing words, he said, “shoot to kill”. The menace of galamsey [illegal mining] seemed depleting our vegetation and contaminating water bodies all over. The canker is unbridled and all efforts to curb it have been dissatisfactory. Thus, to put a stop to it and to disincentive illegal miners, thence cometh his convictional phrase ‘shoot to kill’, Hon. Joseph Osei Owusu, the first deputy speaker of Parliament, Ghana. He may sound very outrageous to you but if that has been the law our water bodies would have been cleaner than the Pacific Ocean. Yes, people will know that if they fail to comply they would be shot to death they will not even go to that end. The lyrical Ga living legendary rapper, Nii Addo Quayno [Tinny] ones said: Nɔ ni akpaŋa na ni eyiteŋ kpa lɛ, kwakwaalɔbite ni na kulɛ ebɛ jeŋ. Literally, the turbulence which stormed the vulture that yielded in the development of its bald head, if it were to be the crow, it would not have been breathing by now. To wit; what the early man sees sitting down, the child can ever see no matter how tall he stands.

Let us hear the conclusion of the whole matter: fear God, and keep His commandment: for this is the whole duty of man. Ecclesiastes 12:13.

Abdur Rahman Odoi Anum Pobee

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