* SHARI’AH ASPECT OF RELIGION’S TOLERANCE AS THE PROTECTION FOR CHILDREN, by Yusuff Jelili Amuda

Yusuff Jelili Amuda[1]

ABSTRACT

In recent years, violence has always erupted and escalated between Nigerian Muslims and Christians that cost and claimed innocent lives and properties, while many people have been massacred under the spectrum of religion. The two major Nigerian religions, Islam and Christianity, are sometimes depicted as monolithic entities, and confront each other in pitches of battles. Likewise, these religions at logger head have traumatized and affected children’s lives in Nigeria with many children losing their biological parents due to religious conflict. This article is not meant to be an effrontery to any Nigerian religion but to give an in-depth analysis of a quick and urgent solution to the perilous situation of religious discord that is affecting the lives of children and their future. This paper intends to examine the causes of religious discord in Nigeria; legalities of religious tolerance under Shari’ah, while classical Islamic jurists opinions would be penned down in some lines. However, how the religious rift traumatizes and affects children in Nigeria will also be discussed in the findings. Solutions and suggestions will be provided as a way forward to the nation at large and children specifically. This research will be qualitative in method which will exploit the available materials gathered from the library and internet.

Key words: Shari’ah, Islam, Christianity, Children, and tolerance.

Introduction

Nigeria is a multi-religions society and the most recognized religions in the Federation of Nigeria are Islam, Christianity, and Traditional religions all of whom are practiced in the nation according to their doctrines. The total estimate of Nigerian Muslims is 50%, while Christians are estimated to be 40% and 10% for Indigenous religions known as traditional religions. [2] The applicable laws in Nigeria are Civil, Shari’ah, and Customary laws. Micro nationalism, ethnic, religious and communal conflicts pose a threat to peace, security, and progress in Nigeria. The term “conflicts” refers to disputes, disagreement, quarrel, struggles, fights, and war between individuals, groups, and countries. Dysfunctional conflicts are destructive and cause loss of lives, property due to differences and variety of human opinions and activity which exists in any free society.[3]

Concept of Tolerance and it application in Nigeria

The word tolerance connotes the acts or practices which are permitted under the provision of Qur’an, hadiths, and the juristic interpretation. Tolerance involves beliefs, actions, opinions of a group of people which might differ from the established or prescribed religion of a country. So, the phenomenon is not something that human beings can formulate, rather, it is authority that no government can defy or ignore because of one reason or another. If non-Muslims reside in a Muslim country and insist on following and practicing their faiths, personal statutes and their practices, they should be allowed and permitted by Islamic authority, provided that their freedom does not cause any rift and confusion in the society. Non-Muslims are questionable if they violate the Islamic law and tend to disturb the peace and harmony in the nation. Pursuant to that, religious tolerance implies that every body in a nation has the right to belief in what he or she thinks is good and right for him or her, freedom of worship and freedom of speech provided that they are consciously aware of and respect Islamic law and principles. [4]

Quranic evidences on Religion’s Tolerance

“And endure you patiently (O Muhammad PBUH), your patience is not but from Allah. And grieve not over them (polytheists and pagans), and be not distressed because of what they plot”[5]

“ So bear patiently (O Muhammad PBUH) what they say, and glorify the praises of your Lord before the rising of the sun, and before its setting, and during some hours of the night, and at the ends of the day (an indication for the five compulsory congregation prayers), that you may become pleased with the reward which Allah shall give you.”[6]

“So be patient (O Muhammad PBUH); verily, the promise of Allah is true and whether We show you (O Muhammad in this world) some part of what We have promised them, or We cause you to die then still it is to Us they all shall be returned”[7]

“And insult not those whom they (disbelievers) worship besides Allah, lest they insult Allah wrongly without knowledge. Thus We have made fair-seeming to each people its own doings; then to their Lord is their return and He shall then inform them of all that they used to do”[8]

“And verily, whosoever shows patience and forgive that would be truly be from the things recommended by Allah.”[9]

“ Therefore be patient (O Muhammad) as did the Messengers of strong will and be in no haste about them (disbelievers). On the Day when they wills ee that (torment) with which they are promised (i.e. threatened, it will be) as if they had not stayed more than an hour in a single day. ( O mankind! This Qur’an is sufficient as) a clear Message (or proclamation to save yourself from destruction). But shall any be destroyed except the people who are Al-Fasiqun (the rebellious against Allah’s Command, the disobedient to Allah)?”[10]

“ So be patient (O Muhammad with a good patience”[11]

“ And be patient (O Muhammad) with what they say, and keep away from them in a good way”[12]

“ … Only those who are patient shall receive their reward in full, without reckoning”[13]

“… and be patient. Surely, Allah is with those who are As-Sabirun (the patient)”[14]

“ And be patient; verily, Allah wastes not the reward of the good-doers”[15]

And those who, when an oppressive wrong is done to them, take revenge.

The recompense for an evil is an evil like thereof; but whoever forgives and makes reconciliation, his reward is with Allah. Verily, He likes not the Zalimun (oppressors, polytheists, and wrong-doers).

And indeed whosoever takes revenge after he has suffered wrong, for such there is no way (of blame) against them.

The way (of blame) is only against those who oppress men and rebel in the earth without justification; for such there will be a painful torment.

And verily, whosoever shows patience and forgives, that would truly shows patience and forgives, that would truly be from the things recommended by Allah.[16]

And fight in the Way of Allah those who fight you, but transgress not the limits. Truly, Allah likes not the transgressors.

And kill them wherever you find them, and turn them out from where they have turned you out. And Al-Futnah is worse than killing. And fight not with them at Al-Masjid Al-Haram (the sanctuary at Makkah) unless they (first) fight you there. But if they attack you, then kill them. Such is the recompense of the disbelievers. But if they cease, then Allah is Oft-Forgiving, Most Merciful.

And fight them until there is no more Fitnah (disbelief) and worshipping of others along with Allah) and (all and every kind of worship is for Allah (Alone). But if they cease, let there be no transgression except against Az-Zalimun (the polytheists and wrong-doer).[17]

And if you punish (your enemy, O you believers in the Oneness of Allah), then punish them with the like of that with which you were afflicted. But if you endure patiently, verily, it is better for As-Sabirin (the patient)[18]

Allah does not forbid you to deal justly and kindly with those who fought not against you on account of religion nor drove you out of your homes. Verily, Allah loves those who deal with equity.[19]

It is only as regards those who fought against you on account of religion, and have driven you out of your homes, and helped to drive you out, that Allah forbids you to befriend them. And whosoever will befriend them, then such are the Zalimun (wrong-doers, those who disobey Allah). [20]

Verily! Those who believe and those who are Jews and Christians, and Sabians, whoever believes in Allah and the Last Day and does righteous good deeds shall have their reward with their Lord, on them shall be no fear, nor shall they grieve[21].

According to Ibn Abbas, this verse should not be misunderstood and given wrong interpretation because this verse has been abrogated by verse 3: 85says that:

And whoever seeks a religion other than Islam, it will never be accepted of him, and in the Hereafter he will be one of the losers.[22]

Causes of Religion’s conflict in Nigeria

The failure of Nigerian government in providing good governance, promoting economic progress, and the low standard of religious studies in the nation all lead to religious conflicts in Nigeria. Although, Prof Ishaq Oloyede argued that religion is not the cause of Nigerian conflicts but religion was used by highly placed people for their personal interest. He further said that compulsory religious studies should be re-introduced into primary and secondary school in Nigeria to inculcate religious, moral, ethical, social justice, and cultural values to Nigerian youths. This will result in the rebirth and rebuilding of a better society and provide a harmonious environment to all the tribes and religions in Nigeria. [23] This paper disagrees slightly with Oloyede’s view that religion is not the cause of conflict in Nigeria. Credible evidences can be figured out from his own suggestion that religious studies should be re-introduced in Nigerian primary and secondary schools. This is to teach students tolerance and how to relate with other faiths in a peaceful manner. If religion does not cause havoc in the nation, such comment would not be made by him. However, in recent years, violence has erupted between Muslims and Christians in an area of central Nigeria known as Middle Belt, where the north’s majority Muslim population meets the south’s majority Christian population. In the year 2000, Kaduna State witnessed religious conflict between Muslims and Christians that claimed 5,000 lives and also displaced many other victims. In addition, in 2002, one hundred (100) people were killed in Yelwa Town where dozens of churches and mosques were ruined. According to one of the Yelwa church leaders, “our God is different from the Muslim God… If he were the same God, we wouldn’t fight” However, a young Muslim woman was abducted and raped by a Christian militant.[24] Similarly, Tunde Adelakun argued that a woman teacher was murdered by a Muslim student at Government day secondary school in Gombe State for the offence of Quranic desecration. The victim caught a cheating Muslim student during the examination while cheating and threw out the seized item excluding the Holy Qur’an. Adelakun argued that some Muslims students lack good moral, ethics, and sound education. They should desist from barbaric behaviour perpetuated in the name of Islam. He further argued that there is no compulsion in religion and that is what Islam is advocating and preaching for. He concluded that the culprits should be brought into judgment as deterrent.[25] It is true that the act of student against their teacher was immoral and irreligious because Islam does not call for it. Perhaps, all the concerned students should be disciplined and seriously warned and counseled for the best interest of the society. Although they are not liable for the death punishment according to Common and Islamic law, Ta’zir punishment should be meted out on them as a lesson and deterrent to other youths. However, to avoid a myriad of problems against children in such incidents, teachers should learn how to handle students of other faiths because if the teacher had placed the seized materials from the student on a safe and rational place, the bad consequence would not have happened especially in a dominant Muslim environment or society like that. This paper is not justifying the student act but seeking to avoid any unforeseen consequences for children.

According to Van Gorder, more than 100, 000 Christians and Muslims have been killed because of religious conflicts in Nigeria, so, Nigeria is an amazing place in terms of religious conflicts. The most affected States in Nigeria are Kafanchan, Kano, Kaduna, Jos, and Yelwa. In 1996, Muslims attacked Christians because they were reciting a poem that promoted the religion. Likewise Christian attacked Muslim because they cannot recite the Lord’s Prayer.[26] The above analysis indicates that Nigeria is experiencing religion conflict in the nation, and the following are the causes of rift between Muslim and Christian.

Causes:

In order to eliminate religious conflict in Nigeria, both Muslims and Christians should known that all religions are equally valid within their own culture of origin and belief. However, it may look different to religious conservatives who profess that Islam is superior or Christianity is superior. Rather than arguing or fighting each other because of religious supremacy, tolerance should be given more space on the ground for the best interest of children. If both Muslim and Christian could adhere to the following, the rate and percentage of religion rift would be reduced significantly.

1-Religious tolerance is about Civil Right

It is an individual’s right to adhere to any religion or faith he or she likes to follow without any compulsion. Nobody should be forced to embrace Islam or Christianity because it is contrary to religious concept. So, to achieve religious tolerance in Nigeria, people should not force one another to embrace their faith, Common Law should not be implemented on Muslims while Shari’ah should not be imposed on Christians. In any condition and situation, any faith should not abuse his power for being in the post or having authority and maltreating other religions. Islamic worldview is based on the universal principle of unity, justice and benevolence which are in consonant with the very nature of the human soul. It underlies the unity of all mankind, not only oneness of Allah, so all human beings are one and the same. Religious faith is the only difference between mankind and because of that difference the principle of tolerance becomes relevant and obligatory to live in peace and harmony. It is very clear that tolerance is a very important aspect of Islamic teaching which emanates from the principle of the Islamic worldview that Muslims are tolerant of all people of other faiths. It is part and parcel of their nature and way of life. [27] It is clear that those who do not tolerate other faiths are definitely violating the rules of tolerance unless other faiths wage war against them and it is a natural phenomenon to retaliate or defend life, property, and family from any aggressive attacks.

2-Lack of Knowledge

Knowledge is the key to everything in this life and ignorance will always cause problems all the time, so, many Muslims and Christians lack some basic principle of their faith that will guide and educate them to be tolerant. Many of them depend on their teacher, reading religious books, pamphlets, and others which is not really enough for them to have comprehensive understanding about their faith because they might not understand some quotation, equivocal words. They also lack the real interpretation and the meaning of quotations, opinions of scholars, sound and weak hadith, and differences of school of thought may not be clear to them due to the lack of knowledge. However, teacher or religious personal also influences their disciples.[28] So, only the Nigerian government can play valuable and immeasurable roles to educate its citizens about their faith through the religious studies programmes in the schools, higher institutions, media houses, mosques, and churches for the best interest of children in society.

3-Fear of the other

Fear can lead to rejection of others and worsen the situation and atmosphere because human beings are religiously cautious towards people who are surrounding them. Feeling uncomfortably towards persons of a different religion leads to conflict and misunderstanding. So, Muslims should follow Shari’ah rules on neighbor and they should not project malice or harm upon their neighbor in any circumstances unless for their self defense. Likewise, Christians should follow the stipulations of their religion on goodness toward neighbor regardless of their faith, gender, post, and personality for the best interest of children.

4-Lack of Religious Teaching

Many youths of both religions lack sound religious education and accordingly, this is tantamount to the ugly result of religious conflict between one another. In a situation where a Christian headmaster or principal denies Islamic service devotion in assembly for the Muslim students because of his or her power as headmaster, how would children be well versed? The same applies to the Muslim headmaster or principal. This cannot help and redeem the situation because school is the best place to impact religious knowledge into students in order to redeem and reshape their thinking according to their religion. So, if one headmaster abuses his power and forces his or her religion on students, if not all students and teachers, this will cause religious problems in such environment or society. However, some school authorities do not allow Islamic studies or Biblical knowledge to be taught in their respective schools due to their power and post.

5-Unemplyment

The rate of poverty and percentage of unemployment in the country left many Nigerians unemployed which gives them the opportunity to be involved in many crises in the nation. In some areas, many people are not working, so it is very easy to use and cause religious conflicts in their surroundings that can affect the lives of child victims mentally, physically, and psychologically.

6-Theory of Reciprocally

It is a virtue of righteousness to engage in doing right things to others, be good and emulative to others, to eschew and overlook other’s wrongs, and have power to defeat wrong and injustice of others. Members of both religions should bear in mind that the other will reciprocate and retaliate upon their action towards them. So, they should not have malice and harm others because of their religion and they should not be deprived of their rights due to their faith. You should do unto others as you would have them do unto you.[29]

7-Dualistic thinking

This means that both religions regard and believe that their religion is good and others are in the wrong direction and paths. This should not cause any trouble in society if they are well educated religiously and following their religion’s principles and guidelines in dealing with other faiths. In Islam, non-Muslims have rights toward the Muslims of being neighbor, parents, wife, and friend. So, their rights should not be denied because of power and capability. It is injustice in Islam not to give non-Muslim their rights because its clearly and obviously stated in Shari’ah that justice should be awarded for non-Muslim.

Effect of Religion conflict on Nigerian Children

In a society suffering from religious conflict, children experience a number of negative life events such as shooting, street riots, killing, beating, and psychological effects due to religious unrest in the society.[30] Nigerian children experience displacement from their home to temporary camps due to the religious violence in the area. During the tranquil period, there would be unexpected fat accounted to the weight in both boys and girls in the camp. Furthermore, the displacement camps which children and families migrate to will definitely be different from their personal home while some children will also be separated from their mothers.[31] Religion conflicts also affect children’s education because they cannot go to school due to the tension and fear of attack against then on their way to the school. In addition, when children are exposed to the violence and trouble in their society they too will learn how to shoot and kill in future.

Unjustified killing of non-Muslim by Muslim

Under Shari’ah individual lives must be protected and should not be wasted and people are not to be killed without any justification as a retaliation or punishment. The Islamic jurists differed among themselves on the issue of a Muslim who killed a non-Muslim. Imam Malik and Shafi’i held the views that Muslims should not be killed for killing of non-Muslim on the ground that a non-Muslim is no peer of a Muslim. Their view is based on the condition of qisas which is equality. So, if a Muslim killed a non-Muslim, he or she should not be slain as a result of his or her voluntary action. Contrarily to that, Imam Hanifa expounded that a Muslim should be killed for the killing of a non-Muslim without any justification.[32] This opinion is based on the injunction relating to the punishment of qisas such as:

O you who believe! Al-Qisas (the Law of Equality in punishment) is prescribed for you in case of murder: the free for the free, the slave for the slave, and the female for the female…[33]

And We ordained therein for them: life for life, eye for eye, nose for nose, ear for ear, tooth for tooth, and wounds equal for equal…[34]

And do not kill anyone whose killing Allah has forbidden, except for a just cause..[35]

All these verses indicate that no one should be killed erroneously and unjustly. So, Nigerian Christians should not be killed without any substantive and credible evidence. They can only be killed as a self defense on the ground of killing Muslims in the nation, so, if Muslims retaliate as a result of their act, there should not be any problem. Killing Nigerian Christians without any legal and rational justification will definitely affect the life of the victim’s wife and children and it will cause unforeseen negative consequences in the nearest future in the nation. Both Nigerian Muslims and Christians should desist and refrain from any act that will cause rift in the society and the others’ right should not be ignored, abused, and denied. If members of both faiths believe in their doctrine, they will not deprive other religions their rights and entitlements from the national resources. But, many of the unversed Muslims and Christian are using the opportunities of being in post and power to deny others’ rights. The Nigerian resources belong to all Nigerians regardless of their faith, religion, gender, status, and tribe. So, the resources should be given out accordingly, otherwise, the religious conflict will continue roaming the nation until normal procedure is applied.

However, if a non-Muslim kills a Muslim, Islamic jurists unanimously agreed that the non-Muslim should be killed in retaliation for his or her act. Imam Hanifa based his view on general injunction while the other three Imams said he would be killed regardless of the difference for difference.[36]

Punishment for a Muslim who accuses a non-Muslim

According to the majority of Islamic scholars, if a Muslim accuses a non-Muslim (Christian) of any crime, the accuser is not subject to hadd punishment but he or she will be liable to the ta’zir punishment. Nevertheless, Ibn al-Musayyid and Ibn Abi Layla said that if a Muslim woman who has a Muslim child was accused by a Muslim, he or she will be punished. [37]

Preaching of Islam and freedom of religion

Freedom of religion is recognized under Islamic law such that no one should impose or force anybody into Islam, so, everyone must have freedom to observe and practice their faith without intervention or coercion. Accroding to Ibn Qudamah:

It is not permissible to compel a disbeliever into professing Islam. If, for example, a dhimmi (non-Muslim citizen) or a musta’man (person of protected status) is forced to accept Islam, he is not considered a Muslim unless it is established that his confession is a result of his own choosing. If the person concerned is a disbeliever, the reason for the prohibition of duress here is the words of God Most High that there shall be no compulsion in religion[38]

Converting into Islam should be voluntary by the converter, therefore, if the converter converted under the spectrum of compulsion, it is null and invalid. [39]

“Invite (mankind, O Muhammad to the Way of your Lord (i.e Islam with wisdom (i.e with the Divine Revelation and the Qur’an) and fair preaching, and argue with them in a way that is better. Truly, your Lord knows best who has gone astray from His Path, and He is the Best Aware of those who are guided.”[40]

The philosophy behind the freedom of religion is to allow the society and community to be at peace and harmony, and if the people are forced to embrace any religion, there is a tendency that the converted will not enthusiastically worship in such religion. In a religiously compulsive society, war will always erupt and it will affect many families in that the consequences would fall on children as prime victims and lead them to suffer. So, Islam recognizes freedom of religion and allowing other faiths to practice their doctrine without disturbance.

Christianity and Muslims perception.

According to the Islamic doctrine, Muslims have their own perception of other religions such as Christianity. Obviously, traditional Islam considered Christianity to be in error for attributing divinity to Jesus or perhaps even to be blasphemy, because it totally violates the Islamic doctrine of the oneness of Almighty Allah and His command against associating anything or anyone with Him. However, the Christian also does not recognize Prophet Muhammad as a true Prophet of God which is contrary to Muslim faith. Some Muslim thinkers examine religions as variations of creatures’ responses to their God which includes Islam, Christianity, Hinduism, Buddhism, and others. Some Muslims consider criticism of Christianity as unjust and argue that entering into dialogue is better than criticizing other faiths.[41] As it has been stated above, Islam prohibits any sort of abuse against other faiths in order to avoid negative consequences against Islam and Almighty Allah. Under Islamic law, Muslim men are permitted to marry the people of the scriptures such as Christian women, it is also allowed for Muslims to eat the foods and drinks of non-Muslim based on the following verses. This indicates the extent of tolerance Islam has for other faiths and it is unlawful for any Muslim to violate the rules on marrying non-Muslim females and eating their food. It is unwise and irrational for someone who married from non-Muslims to wage war against such family. So, Islam advocates and preaches for peace, tolerance and understanding on that aspect.

Principle of Tolerance

The Islamic principle of tolerance towards non-Muslims, especially Christian, as a case study can be based on the following major principles with evidences from the sources of Shari’ah such as:

1- Human Dignity: All human beings legally and morally deserve honour and respect regardless of his or her faith, race, gender, post, and colour. So, individual personality, life, and property should be protected under normal circumstances based on the following verse that says:

“ And indeed We have honoured the children of Adam, and We have carried them on land and sea, and have provided them with At-Tayyibat (lawful good things), and have preferred them many of those whom We have created with a marked preferment.”[42]

Based on the above mentioned verse every human being deserves respect, dignity, and protection and he or she should not be deprived of them because of faith. Even, the respect should not only be during his life time but also when has died. Based on the tradition and action of Prophet Muhammad (S.A.W) when the corps of a Jew was passing in front of him he stood up in respect of the dead person.

Jabir Ibn ‘Abd Allah reported that Prophet Muhammad stood up when a funeral procession was passing in front of him. A man said to him: “ The dead man was a Jew”. He said: “ Was not he a human being? The man said: “Yes.” Then the Prophet said: “ Every human being in Islam has a place and dignity (which should be respected).

2- Religion differences is a will of Almighty Allah: According to Islam, all revealed religions starting from Adam to Prophet Muhammad (S.A.W) were revealed with revelations by Almighty Allah from time to time purposely to guide creatures to the right path. All these religions are worshiping their creator in their ways of worship and doctrine. All religions have their own scriptures sent by Allah. Despite the fact that, the purpose of Shari’ah is to regulate the act of people, this may differ from time to time due to the conditions, situations, and the need of people at the time. [43] So, if Allah willed to make all creatures Muslims or non-Muslims He could do it based on the following verse:

Let the people of the Injeel (Gospel) judge by what Allah has revealed therein. And whosoever does not judge by what Allah has revealed (then0 such (people) are the Fasiqun [the rebellious i.e. disobedient (of a lesser degree)] to Allah.[44]

And We have sent down to you (O Muhammad (S.A.W) the Book (this Qur’an) in truth, confirming the Scripture that came before it and Muhaymin (trustworthy in higness and a witness) over it (old Scriptures) So, judge among them by what Allah has revealed, and follow not their vain desires, diverging away from the truth that has come to you. To each among you, We have prescribed a law and a clear way. If Allah had willed, He would have made you one nation, but that (He) may test you in what He has given you; so compete in good deeds. The return of you (all) is to Allah; then He will inform you about that in which you used to differ.[45]

The above verses indicate that Qur’an is the last revelation sent to Prophet Muhammad (S.A.W), despite that, Prophet Muhammad did not implement Shari’ah law on non-Muslims. So, Muslims also are forbidden to be judged under any law except Shari’ah. In Nigeria, Muslims are being judged under Civil and Common laws which is contrary to their faith and it causes much havoc and conflicts in the nation because Muslims are deprived of their rights.

3-Muslims are not responsible for the disbelief of non-Muslims: Islam urges all Muslims to strive for peace and harmony all the time and they should not cause any problem in the society and nation at large. So, Muslims should not fight other faiths purposely to convert or embrace Islam, this is contrary to what Islam is preaching to the world. Belief is not by compulsion nor by force but by self and total submission from the heart of the converted. If Muslims are well versed in their faith, there is no point in fighting other faiths provided that they were not attacked by these non-Muslims.

Verily you (O Muhammad (S.A.W) guide not whom you like, but Allah guides who He wills. And He knows best those who are the guided.[46]

I worship not that which you worship, Nor will you worship that which I worship, And I shall not worship that which you are worshipping, Nor will you worship that which I worship, To you be your religion, and to me my religion.[47]

Allah will judge between you on the Day of Resurrection about that wherein you used to differ.[48]

4- Avoidance of injustice: Muslims should desist from injustice against the non-Muslims in any way and any form of injustice or any crime committed against non-Muslims should be brought to hearing and judged accordingly.

O you who believe! Stand out firmly for Allah as just witnesses; and let not the enmity and hatred of others make you avoid justice. Be just: that is nearer to piety; and fear Allah. Verily, Allah is Well-Acquainted with what you do.[49]

Under Shari’ah, Muslims are liable for crimes they commit against non-Muslims regardless of the religion, race, gender, and colour. This is what Islam advocates and preaches for. In Nigeria, many Muslims are liable for punishment for the aggressive attacks on Christians while many Christians are also liable for deterrent punishment for the crime they commit against Muslims in the nation.

Tolerance can only materialize if the above mentioned principles are studied and practiced accordingly by both parties in Nigeria. Muslims and Christians should also know that Nigeria belongs to all Nigerians regardless of faith, colour, tribe, language, culture, and status. No one has super power over the other. So, they should learn how to live together in a peaceful and harmonious way. Muslims must follow all the rules laid down by Shari’ah on harmonious relationships with non-Muslims. They should also imbibe the lifestyle of the Prophet Muhammad on how he dealt with non-Muslims when he was alive.

Government Roles to eradicate the Religion turbulent in Nigeria

Religion’s Leader

It is the role of religious leader to educate their followers on how to tolerate other faiths in order to give room for peace in the nation. Their sermon and lectures should always be in line with the concept of tolerance and peace. In order to avoid any effect on children because of religious rancor, weekly lectures should be organized in the media and in mosques and churches to educate their followers for the best interest of children and the nation.

Family Roles

It is the duty and responsibility of parents to teach their biological children their religion and if they are unable to do so, they have to send them to religious classes to learn about their religion. This will help children to understand their faith correctly and will guide them to have respect for other religions that will reduce the religion conflict. Although, many children are lagging behind and very slow about their religion due to their parents irreligious or lack of concern about their biological religion. If parents carry out their duties judiciously, it will help the children and family and also reduce burden on parents in the hereafter especially, Muslim parents. So, biological parents should strive in inculcating and impacting religion to their children for the best interest of the children.

Dialogue , Reconciliation, and its foundation in Islam

In any loggerhead between conflictual religions in Nigeria or any part of the world, the authority should strive for reconciliation and settlements between them to allow peace in society. Islam always advocates and calls for peace and harmony in any situation and conditions. The goals and objectives in resolving such disputes through Islamic system and methods is reconciliation in order to save the relationship for the best interest of the society, community, and nation at large. This is to avoid any turbulent situation in society because if the misunderstanding is left unsettled and mediated the situation would be escalated and cause unforeseen calamity.

Foundations in Islam

“And say to those who do not believe: “ Act according to your ability and way, We are acting (in our way) And you wait! We (too) are waiting”[50]

Narrated Ibn ‘Umar (R.A): Allah’s Apostle (S.A.W) set out for the ‘Umrah but the pagans of Quraish prevented him from reaching the Ka’ba. So, he slaughtered his sacrifice and got his head shaved at al-Hudaibiyah, and agreed with them that he would perform ‘Umra the following year and would not carry weapons except swords and would not stay in Mecca except for the period they allowed. So, the Prophet (S.A.W) performed the ‘Umra in the following year and entered Mecca according to the treaty, and when he had stayed for three days, the pagans ordered him to depart, and he departed.[51]

There is nothing wrong with mediation between the Muslim husband and non-Muslim wife since both have married each other and whenever there is conflict, people surrounding them should mediate to restore peace, harmony, and passion into the family. This will depict the good name of Islam as a religion of peace and its peaceful teachings all the time.

Narrated Al-Hasan (Al-Basri): By Allah, Al-Hasan bin ‘Ali led large battalions like mountains against Mu’awiya. ‘Amr bin Al-As said (to Mu’awiya), “ I surely see battalions which will not turn back before killing their opponents.” Mu’awiya who was really the best of the two men said to him, “ O ‘Amr! If these and those and those killed these, who would be left with me for the jobs of the public, who would be left with me for their women, who would be left with me for their children?” Then Mu’awiya sent two Quraishi men from the tribe of ‘Abd-i-Shams called ‘Abdullah bin ‘Amir bin Kuraiz to Al-Hasan saying to them, “ Go to this man (i.e. Al-Hasan) and negotiate peace with him and talk and appeal to him.” So, they went to Al-Hasan and talked and appealed to him to accept peace. Al-Hasan said, “ We, the offspring of ‘Abdul Muttalib, have got wealth and people have indulged in killing and corruption (and money only will appease them).” They said to Al-Hasan, “ Mu’awiya offers you so to accept peace.” Al-Hasan said to them, “ But who will be responsible for what you have said? They said, “ We will be responsible for it.” So, whatever Al-Hasan asked they said, “ We will be responsible for it for you.” So, Al-Hasan concluded a peace treaty with Mu’awiya. Al-Hasan (AL-Basri) said: I heard Abu Bakr saying , “ I saw Allah’s Apostle (S.A.W) on the pulpit and Al-Hasan bin ‘Ali was by his side. The Prophet (S.A.W) was looking once at the people and once at Al-Hasan bin ‘Ali saying. ‘This son of mine is a Saiyid (i.e a noble) and may Allah make peace between two big groups of Muslims through him.”[52]

Narrated ‘Aisha (R.A.): Once Allah’s Apostle (S.A.W) heard the loud voices of some opponents quarelling at the door. Once voices of some opponents quarrelling at the door. One of them was appealing to the other to deduct his debt and asking him to be lenient but the other was saying, “ By Allah I will not do so.” Allah’s Apostle (S.A.W) went out to them and said, “ Who is the one who was swearing by Allah that he would not do a favour?” That man said, “ I am that person, O Allah’s Apostle! I will give my opponent whatever he wishes.”[53]

Imam to suggest the reconciliation

Narrated Abu Hurairah (R.A.): Allha’s Apostle (S.A.W) said. “ There is a Sadaqa to be given for every joint of the human body; and for every day on which the sun rises there is a reward of a Sadaqa (i.e charitable gift) for the one who establishes justice among people[54]

It is a duty of Imam or head of government, and leader of group to quickly raise motion to reconcile between quarreling people for the interest of the community because the enmity might extend into the community if it is allowed to be un-reconciled and unsettled. If Imam was informed formally, he should take fast steps to call the parties for settlement so that they can correct their mistakes and weaknesses.

Justice between the litigants

It is a duty and responsibility on the mediator to be just when mediating between the conflicting parties in order to avoid future and similar cases. Some mediators are weak and partial to say the truth frankly and openly in order to avoid the enmity with a guilty party. Some are diplomatic in their judgment in their way of avoiding misinterpretation and misunderstanding. All along, justice must be done when mediating between two parties. Failure to say the truth will amount to a similar case coming in the nearest future due to mediator injustice

Forbidden to kill women and children in the war

Under Shari’ah, it is forbidden to kill women and children during the religion conflicts unless women attempt to kill the killer or they were killing mistakenly.[55] In Nigeria, many children and women were killed while some are still alive but psychologically and physically killed simply because their biological parents were killed while some have been displaced. The following evidences the respect Islam has for women and children of other faiths that they should be protected during the war.

Rabiah b. Rabi’ said: When we were with the Apostle of Allah (may peace be upon him) on an expedition, he saw some people collected together over something and sent a man and said: see, what are these people collected around? This is not one with whom fighting should have taken place. Khalid b. al-Walid was in charge of the van; so he sent a man and said: Tell Khalid not to kill a woman or a hired servant.[56]

The Apostle of Allah (S.A.W) as saying…. Spare their children.[57]

‘Aishah (R.A) said: No woman of Banu Quraizah was killed except one. She was with me , talking and laughing on her back and belly (extremely), while the Apostle of Allah (may peace be upon him) was killing her people with the swords. Suddenly a man called her name: Where is so-and so? She said: I asked: What is the matter with you? She said: I did a new act: She said: The man took her and beheaded her. She said: I will not forget that she was laughing extremely although she knew that she would be killed.[58]

The abovementioned hadiths indicates that children and women should not be killed during the war unless they killed Muslims or attempt to kill. In Nigeria, both religions do not care about children and women during the tranquil and conflict periods. This is contrary to Islamic rules on war and Muslims should desist from killing children and women unless otherwise is proved.

Suggestions

It is suggested that both religions in Nigeria should apply their brains to resolve their differences rather than emotion and feeling because once you apply emotion then you are not rational and you can only be rational when you apply your brain. So, the only way to apply rationality and one’s brain is through educative programmes and religious studies. Religious leaders should educate their disciples in the concept of tolerance in order to abide in a harmonious and peaceful environment. There should be interdenominational or interfaith dialogue between Muslims and Christians in Nigeria , so, they can iron out their mistakes and reconcile. It can be also suggested that both religious practices and fellowship should be formally and legally allowed in the primary and secondary school in order to educate children and prepare them for the future in a peaceful manner. Religious programmes must given more space in media programs than song, dance, and irreligious programmes. However, more educative programs and religious awareness must be introduced in higher institutions so that Nigerian youths will be well versed on the tolerance and respect for other religions without over ruling his or her religion. The Nigerian government should be held responsible for the adequate and proper maintenance of child victims of religious conflict for their feeding, medical, education, and shelter. In Nigeria, their must be a government recognized body that will look into religious programmes in the media. Each state in Nigeria should have Muft who will give final say on religious affairs provided that such person is well versed, educated, balanced, and committed. To make justice and balance, Shari’ah Court should be granted in all Nigerian states. This will reduce the conflict between Muslims and Christians and their cases would be referred into Shari’ah court rather than common and civil law which is contrary to their doctrine.

Conclusion

It can be concluded that there is religious conflict in Nigeria and many lives have been lost while some people were wounded because of holy war. Both ‘ disciples seem to lack tolerance and religious education to the level of religious tolerance. The Nigerian government is responsible for the conflicts due to their weaknesses on the side of religion. Unemployment contributes to the rift in the nation while children are lagging behind in religious studies in their respectful schools.

References

Abdul Muhsin Mohm. Shrfuddin, (1972) “Tolerance in Islam” The voice of Islam, xx,

Abdul Rahman Awang, (1994) The Status of the Dhimmi in Islamic Law. (Kuala Lumpur: International Law Book Services

Syed Othman Alhabshi, (1996) Islam and Tolerance. ( Kuala Lumpur: Institute of Islamic Understanding Malaysia.

Orla. T Muldoon & Karea Trew, (2000) “Children experience and adjustment to political conflict in Northern Irelands”. Peace and conflict journal of peace psychology, vol.6, issue 2 .

Glew, R.H, Bhanji, R.A, Vanderjast, D.J, (2003) “ effect of displacement resulting from ethnic/religious conflicts in the growth and body composition of Fulani children in Northern Nigeria”. Journal of Tropical pediatrics, vol.49.

A.Q.Oudah Shaheed, (2000) Criminal law of Islam. Vol. 4. Delhi: International Islamic Publishers.

Al-Mawardi, Abu al-Hasan ‘Ali Muhammad B. Habib, (1973) Ahkam al-Sultaniyyah Cairo: Dar al-Kutub al-Masriyyah.

Kasani, ‘Ala alDin Abu Bakr, (1982) Kitab Bada’i al-Sana’I fi Tartib al-Shara’i, vol.7. Beirut:

Ibn Qudamah, Abu Muhammad ‘Abd Allah b.Ahmad, (1367 AH) al-Mughni, vol.9. Cairo:

Mohammad Hashim, (1994) Freedom of Expression in Islam. Kuala Lumpur: Berita publishing Sdn.Bhd.

Rida, Muhammad Rashid, (n.d) Tafsir al-Qur’an al-Hakim. Beirut: Dar al-Ma’rifah.

Rollin Armour, Sr, (2004) Islam, Christianity, and the West: A trouble History. New York: Orbis Books.

Ahmad Hasan, (1984) Sunan Abu Dawud, vol.2. Lahore: SH Muhammad Ashraf.

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[1] Yusuff Jelili Amuda, B.A in Shari’ah, Al-Azhar University Cairo, Egypy, Master of Comparative Laws, International Islamic University, Malaysia, Ph.D student in Laws, IIUM, Malaysia up to date.

[2] Wikipedia: the free Encyclopedia, Islam by country. http://en.wikipedia.org/wiki/Islam_by_country. (accessed 30 May, 2008). See also, Overview of Nigeria, http://www.iwhc.org/programs/africa/nigeria/facts.cfm. (accessed 30 May, 2008).

[3] Gesiye Angaye, causes and cures of conflicts in Nigeria. http://www.nigerdeltacongress.com/garticles/causes_and_cures_of_conflict_in.htm (accessed June 20, 2008).

[4] Abdul Muhsin Mohm. Shrfuddin, “Tolerance in Islam” The voice of Islam, xx, (1972), p. 582-583. See also, Abdul Rahman Awang, The Status of the Dhimmi in Islamic Law. (Kuala Lumpur: International Law Book Services, 1994), 70.

[5] Surat Al- Nahl, 127. See also, Muhammad Taqi-ud-Din Al-Hilali & Muhammad Mushin Khan, Translation of the meanings of the Noble Qur’an in the English language. ( Saudi Arabia: King Fahd complex for the printing of the Holy Qur’an, 1417), 367.

[6] Surah Ta’ha, 130. See also, the Noble Qur’an, 427.

[7] Surah Ghafir, 77. See also, the Noble Qur’an, 641.

[8] Surat Al-An’Am, verse: 108. See also, the Noble Qur’an, 187-188.

[9] Surah Ash-Shura, 43. See also, the Noble Qur’an, 658.

[10] Surah Al-Ahqaf, 35. See also, the Noble Qur’an, 686.

[11] Surah Al-Ma’arij, 5. See also, the Noble Qur’an, 784.

[12] Surah Al-Muzzammil, 10. See also, the Noble Qur’an, 794.

[13] Surah Az-Zumar, 10. See also, the Noble Qur’an, 620.

[14] Surah Al-Anfal, 46. See also, the Noble Qur’an, 238.

[15] Surah Hud, 115. See also, the Noble Qur’an, 302.

[16] Surat Ash-Shura, 39-43. See also, The Noble Qur’an, 658.

[17] Surah Al-Baqarah, 190-193. See also, The Noble Qur’an, 39-41.

[18] Surah An-Nahl, 126. See also, the Noble Qur’an, 367.

[19] Surah Al-Mumtahanah, 8. See also the Noble Qur’an, 28

[20] Surah Al-Mumtahanah, 9. See also the Noble Qur’an, 28.

[21] Surah Al-Baqarah, 62. See also, the Noble Qur’an, 13-14

[22] Surah Al-Imran, 85. See also, the Noble Qur’an, 83-84.

[23] Daily Trust, Religion not cause of conflict in Nigeria. May 4, 2008.

[24] Justine Isola, One Nation under Gods. http://www.theatlantic.com/doc/2008024/nigeria_Islam_Chritianity. (accessed 20 June, 2008).

[25] Tunde Adelakun, Murdered in the name of Islam: Religious conflict in Nigeria. http://www.helium.com/items/451795-in-the-name-of-islam-religion-conflict-in-nigeria- (accessed 25 June, 2008).

[26] Belind Colunga, Nigeria religion conflict discussion at Baylor. U. Washington Week. 22/2/2008.

[27] Syed Othman Alhabshi, Islam and Tolerance. ( Kuala Lumpur: Institute of Islamic Understanding Malaysia, 1996), 2-4.

[28] Syed Othman, 15-17.

[29] Syed Othman, 54-55.

[30] Orla. T Muldoon & Karea Trew, “Children experience and adjustment to political conflict in Northern Irelands”. Peace and conflict journal of peace psychology, vol.6, issue 2 , (2000): 157-159.

[31] Glew, R.H, Bhanji, R.A, Vanderjast, D.J, “ effect of displacement resulting from ethnic/religious conflicts in the growth and body composition of Fulani children in Northern Nigeria”. Journal of Tropical pediatrics, vol.49, (2003): 279-281.

[32] A.Q.Oudah Shaheed, Criminal law of Islam. Vol. 4. (Delhi: International Islamic Publishers, 2000), 143-146.

[33] Surah Al-Baqarah, 178. See also, the Noble Qur’an, 35.

[34] Surah Al-Maidah, 45. see also, the Noble Qur’an, 151.

[35] Surah Al-Isra, 33. See also, the Noble Qur’an, 372.

[36] A.Q.Oudah Shaheed, vol.4, 146.

[37] Al-Mawardi, Abu al-Hasan ‘Ali Muhammad B. Habib, Ahkam al-Sultaniyyah (Cairo: Dar al-Kutub al-Masriyyah, 1973), 230. See also, Kasani, ‘Ala alDin Abu Bakr, Kitab Bada’i al-Sana’I fi Tartib al-Shara’i, vol.7. (Beirut: 1982), 64. See also, Ibn Qudamah, Abu Muhammad ‘Abd Allah b.Ahmad, al-Mughni, vol.9. (Cairo: 1367 A.H), 216& 228.

[38] Ibn Qudamah, Al-Mughni, Vol 8. (1367AH), 144. See also, Kamali Mohammad Hashim, Freedom of Expression in Islam. ( Kuala Lumpur: Berita publishing Sdn.Bhd, 1994), 85-86.

[39] Rida, Muhammad Rashid, Tafsir al-Qur’an al-Hakim. (Beirut: Dar al-Ma’rifah n.d), 1328. See also, Kamali, 86.

[40] Surah An-Nahl, 125. See also, the Noble Qur’an, 367.

[41] Rollin Armour, Sr, Islam, Christianity, and the West: A trouble History. ( New York: Orbis Books, 2004), 145-146.

[42] Surah Al-Isra, 70. See also, the Noble Qur’an, 378.

[43] Abdul Rahman Awang, 71-73.

[44] Surah Al-Maidah, 47. See also, the Noble Qur’an, 152

[45] Surah Al-Maidah, 48. See also, the Noble Qur’an, 152 – 153.

[46] Surah Al-Qasas, 56. See also, the Noble Qur’an, 523.

[47] Surah Al-Kafirun, 2-6. See also, the Noble Qur’an, 853.

[48] Surah Al-Hajj, 69. See also, the Noble Qur’an, 453.

[49] Surah Al-Maidah, 8. See also, the Noble Qur’an, 144.

[50] Surah Hud, 121-122. see also, the Noble Qur’an, 303.

[51] Sahih Al-Bukhar, vol. 3, 539.

[52] Sahih Al-Bukhar, vol.3, 541-542.

[53] Sahih Al-Bukhar, vol.3, 542.

[54] Sahihi Al-Bukhar, vol. 3, 543.

[55] Ahmad Hasan, Sunan Abu Dawud, vol.2. (Lahore: SH Muhammad Ashraf, 1984), 739.

[56] Sunan Abu Dawud, vol.2, 739.

[57] Ibid.

[58] Ibid.