Updated
March 14, 2004

Gambia Tourist Support

Shariah the Debate

The introduction of shariah as the legal system in The Gambia has proposers and opposers.
To get the full story start at the bottom and work up

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Sharia in the press

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The President said

Since the President was misquoted about the introduction of sharia, the debate has raged and is followed keenly by all those who see tourism as helping The Gambia's economy.

Some people might argue that it is not The Gambians who benefit from tourism

The misquote might have been on purpose to add fuel to the debate and create a political dilemma.

Read what the press has said and remember that every arguement has two totally justifiable sides, with both parties believing their side is the one that is right.

This is not the road to reconcilliation but then that might not be what is actually wanted.

Credits for all this material to GambiaNet.Com

RELIGIOUS LEADERS TACKLE JUWARA
Friday, January 26, 2001 by Editor

Some Islamic leaders in the Greater Banjul Area have reacted to plans disclosed by the UDP national mobiliser, Lamin Waa Juwara, to launch a campaign against the introduction of shariah in The Gambia.
In his reaction, the vice president of the Supreme Islamic Council, Alhaji Ousman Jah, said, "Juwara is free to express his intentions but what he should have said was that any law different from shariah cannot work in The Gambia.
The saying that shariah cannot work in The Gambia should not be heard by an ear.
This is basically because Muslims are not expected to be governed by any law other than shariah.
Every true Muslim should welcome shariah if his faith should not be questioned," he said. Mr Jah said he respected the secularity of the Gambian state but noted, "If the greater percentage of Gambians, who are of course Muslims, call for the introduction of shariah without much noise, then it would be very fair to introduce it. The lesser percentage can be patient, the law is called by the majority." He added that Juwara's proposed campaign against shariah "does not mean that shariah cannot or will not be introduced in The Gambia.
Juwara is just one person expressing his views which do not have any impact on the chances of shariah being introduced here.
If someone somewhere says he will see to it that shariah is not introduced here, it won't be a new thing because the challenge against shariah started since the days of the holy prophet, Muhammad." He urged "all Muslims" to make efforts to ensure that shariah is included in the criminal code of The Gambia, saying, "shariah is the best law for mankind and the universe."
Mr Jah also rebutted Juwara's claim that the introduction of shariah will tantamount to permanently denying Christians the right of leadership in The Gambia. "Has the existing secular laws posed similar situations to the predominant Muslim community?" he demanded to know.
Cadi Khan The cadi of the Kanifing Islamic court, Muhammad Lamin Khan, in his reaction, said the fight against shariah by 'Muslims' was predicted by the holy prophet, Muhammad, as an act replete in the last generation. "There are people who call themselves 'Muslims', bear Muslim names and perform the five daily prayers but remain opposed to shariah.
This was what Prophet Muhammad foretold.
Anyone who understands shariah will not oppose its introduction in The Gambia.
Shariah protects life and property and enjoins one against depriving others of property, as well as any other sinful deed. Anyone who knows shariah well will be eager for its introduction,' the cadi said.
On Juwara's assertion that shariah will bring about a theocracy that will mix Islam with politics and turn imams into politicians, Cadi Khan said, "Shariah recognises politics although not politics of attacking one another or telling lies.
The actions of functions of an imam are in fact political, since he preaches on what goes on in society to bring peace." The cadi says the laws of a secular system are made by man while shariah emanates from God. "God will not impose on man anything that will not help or suit him, not to talk of bringing him any problem.
Whether man understands and accepts it or not, God's enjoinment will not in any way be harmful if not helpful," he said. Cadi Khan said, "When the anti-shariah campaign by Juwara or any other person comes into effect, we will leave everything in hands of God." He gave the parable of the infidels who wanted to demolish the Kabba in Mecca. "The custodian of the Kabba told them, 'the Lord of the Holy Shrine will protect His house.' God is the owner of shariah and we will leave any opponent of shariah to be dealt with by God," he concluded. Sheikh Gibril Kujabi Sheikh Gibril Kujabi, an erudite scholar at Tallinding Islamic Institute, explained that "Islam recognises politics.
Islam does not advise Muslims to shun politics. Politics means a demonstration of one's own ideas for people to see and accept.
That is not condemned by Islam. So, when religious leaders enter into such contracts with the people, they are not condemned as far as Islam is concerned.
We are politicians but not politicians aiming at worldly gains," he said.
On Juwara's expressed concern on how democracy can thrive in a shariah state, Sheikh Gibril said, "Shariah, when introduced, will not say that Mr X or Mr Y will be the president. Shariah will ensure that the people are governed by law, irrespective of the faith of the leader as is the case with Obasanjo and Nigeria.
So, to say that shariah will deny Christians the right to leadership in The Gambia is without much merit." He said Juwara's proposed anti-shariah campaign will tantamount to "a jihad against Allah."

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JUWARA TO LAUNCH CAMPAIGN AGAINST SHARIAH
Thursday, January 25, 2001 by Editor

The national mobiliser of the opposition UDP, Lamin Waa Juwara, has announced that he plans to launch a campaign against the introduction of the strict Muslim law, shariah, in The Gambia.
In a Daily Observer interview yesterday, Mr Juwara said advocates for the introduction of shariah in The Gambia "do not realise that shariah is a political system.
The debate on shariah is being misrepresented by religious leaders because shariah is a political system with a distinct state organisation and governance and it is therefore not a matter for Islamic religious leaders only but also for the entire citizens of a given state.
If The Gambia goes shariah, it is not the imam ratib who is going to be the head of state.
If there is to be shariah in this nation, will there be room for a multi-party democratic set-up?
Will Islam not be mixed with politics, thereby making all our religious leaders politicians? The answers to these sorts of questions are the reasons why shariah is not feasible in The Gambia." Mr Juwara said
The Gambia has more pressing problems to address than to try to "overturn our secular democratic system that has brought us peace and unity as a people with different political fates. I do not see how anybody can say that the introduction of shariah will not affect non-Muslims.
How is the judiciary going to work?
Will we not be permanently denying Christians the right to leadership of the country?
What is going to happen to this current government because it comprised of both Muslims and Christians?" Mr Juwara chastised that "a handful of Muslim leaders can never introduce shariah in this country.
As a politician, I am totally opposed to the introduction of shariah in The Gambia and anybody who wants to introduce it should know that I will lead a stiff campaign against it because as a political system, I know what it entails."
Mr Juwara appealed to both Muslims and non-Muslims to reject the introduction of shariah "anyhow they are able to do it."

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IMAM FATTY TRUMPETS SHARIAH
Tuesday, January 23, 2001 by Editor

The imam of the State House Mosque, Abdoulie Fatty, has added his voice to the controversial shariah issue, saying it is only Muslims who are not strong in their faith that are kicking against its introduction.
As for non-Muslims who are not supportive of its introduction in the country, he put the blame on their ignorance of the meaning, dynamics and underpinnings of sharia.
"The introduction of Shariah in The Gambia would not affect non-Muslims as argued by the critics of shariah but would help in making the society free of terrible happenings,"he told Daily Observer at the mosque.
He wondered why some people fall to the temptation of comparing western law with Islamic law, claiming that Saudi Arabia is more politically and socially stable than America because of sharia.
"We have been ruled by western laws since the colonial era without any noise.
Why should the introduction of shariah create such a noise,"he queried.
Imam Fatty pointed out that shariah is already in the country. In his words, "Wherever the Quran and Sunnah are, there is shariah,"adding that the already existing cadi court operates on some aspects of shariah.
Imam Fatty reminded Muslims that it is their duty to spearhead the implementation of shariah.
Referring to the situation in Nigeria where nine states in the northern part have introduced sharia, the imam said even though Nigeria's President Obasanjo is not a Muslim, his subjects in that part of the country felt it necessary to introduce the strict Islamic code.
He urged local Islamic scholars to always give people the right information.
And turning to critics of sharia, he advised them to endeavour to understand what it entails.

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GIBRIL KUJABI DEFENDS SHARIAH
Wednesday, January 17, 2001 by Editor

Sheikh Gibril Kujabi, a member of the Supreme Isamic Council, also the imam of Tallinding mosque, has said that "shariah is the only instrument that can help human beings lead decent lives free from social ills."
According to the erudite Islamic teacher and preacher, "shariah is the only instrument that will help human beings live a fruitful life on earth and the hereafter."
On fears expressed by human rights activists and heads of other religious denominations on The Gambia being turned into an Islamic theocracy, Imam Kujabi said, "Those non-Muslims who are raising fears and opposition to shariah should not be alarmed, since Shariah has nothing to do with them.
Even during the time of Prophet Muhammad, shariah existed but it didn't affect the Jews and Christians of that time so long as they remained innocent.
If shariah becomes the supreme law of the land, it will serve as a deterrent to social ills like adultery, fornication, robberies, murders just to name a few," Imam Kujabi added.
Sheikh Gibril said the current debate on shariah is "healthy" but said "President Jammeh did not promise to introduce shariah in The Gambia."

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ML SEDAT JOBE TO SPEAK ON SHARIAH
Wednesday, January 17, 2001 by Editor

As the debate on shariah intensifies, diplomatic sources said the Foreign Affairs secretary, Momodou Lamin Sedat Jobe, will summon a press conference to clarify the overnment's position on the issue. "We do not want a situation where people will hide under shariah to cause instability in the country," our source quoted SoS Jobe as having declared before he left for Taipei with the president on January 6.
President Jammeh and his delegation returned from Taipei, Sunday.
However, the Foreign secretary has since travelled to Cameroon and is expected home these days.
It is not known when he will summon the press conference or what he will say.

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JUWARA DENIES UDP SUPPORTERS WANTEED TO BURN ASSEMBLY SAYS SHARIAH IS NOT APPLICABLE
Tuesday, January 16, 2001 by Editor

UDP's propaganda secretary, Lamin Waa Juwara, has dismissed reports that his party supporters planned to burn down the National Assembly building following President Jammeh's alleged refusal to allow the bodies of Buba Samura and Abdou Kassama to be laid in state at the National Assembly. Mr Juwara said, "This is utter rubbish. It's unfounded.
I first read about it in some paper.
I do not see why militants should go and burn the National Assembly.
I do not think there is any truth in that. I think it is all fabrication.
They have made the mess and they think they can shift the blame to us." Juwara said, "The UDP militants are under the direction of our party.
They will never do any sort of madness.
If we wanted to do that, we would have done it long since with all provocations, harassment and intimidations that they had done." Mr Juwara added, "The UDP's best bet is our votes which we will guard, to ensure free and fair elections in the country."
Constitutional reforms Commenting on the proposed constitutional amendments, Mr Juwara said, "This has serious political implications. I think his (Jammeh's) principal legal adviser, who is the attorney general, is not the best of politicians.
Jammeh's administration should reconsider the proposed constitutional changes. Such a move is not good for The Gambia including the APRC itself because I cannot understand what more power President Jammeh would need to the extent that he has to appoint village heads." Mr Juwara described the APRC administration as, "a confused government," claiming that President Jammeh "is being advised by people who are not politically mature.
How can he appoint village alkalolus? That can only alienate the people. That can erode your support because the people are no fools, they should decide for themselves, nobody should decide for them," Juwara contended.
Shariah Mr Juwara warned President Jammeh not to contemplate introducing shariah in the country, "Because shariah is not applicable in The Gambia.
President Jammeh should rather think of ways of revamping the economy and democracy."

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SIC V.P. REACTS TO BISHOP CLEARY
Friday, January 12, 2001 by Editor

Alhaji Ousman Jah, first vice president,Supreme Islamic Council, has urged leaders of religious denominations not to blow the shariah issue out of proportion. He made this statement in reaction to our yesterday's page 1 story, "Bishop Cleary on Shariah" and Bijou Peters' letter, "Sober thoughts on Shariah".
Oustass Jah said, "The concerns raised by Bishop Cleary and Bijou Peters are misinformed and demonstrate they do not understand the whole concept of shariah." "The assertion that Muslim personal laws guiding inheritance, marriage and divorce, are governed by the shariah and that the introduction of shariah will bring chaos in The Gambia lacks merit.
This is because shariah is a way of life for every Muslim, which enjoins peaceful co-existence and harmony. "I am perturbed by this distorted view of shariah which can raised a lot of contentions.
The Supreme Islamic Council is fully aware that Muslims and Christians have long been living together in peace and harmony.
We wish to reaffirm that the council has never coerce anybody to accept the Islamic faith nor has it advocated the imposition of shariah against the will of the people, even though as an Islamic body, it wishes that Muslims would be governed by their own shariah law."
Oustass Jah, a multi-media preacher concluded, "I wish to implore Bishop Cleary, Bijou Peters and others to refrain from contentious utterances on shariah."

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BISHOP CLEARY ON SHARIAH
Thursday, January 11, 2001 by Editor

The Bishop of Banjul, Michael Cleary, has cautioned that the introduction of Sharia Law in the country would be divisive and controversial and should therefore not be contemplated.
Bishop Cleary was reacting to a recent controversy over a possible introduction of the Islamic Shariah Law.
The government owned Radio Gambia had a fortnight ago allegedly misquoted President Jammeh as having said that he will introduce Shariah Law in the country this year.
Contrasting opinions have since been emerging from religious and human rights groups on the issue.
Bishop Cleary said the Gambian population are happy to live in a country where religion is respected, and where there is complete freedom of worship, saying "this has helped maintain peaceful coexistence in the country and confidence among its people."
He said contracts, criminal and other civil matters are regulated by the general law for all, thereby serving the country well.
Bishop Cleary expressed the hope that people of different creeds and tribes will be allowed to continue to live together. "Muslims are already governed by Shariah where inheritance, marriage and bequests are concerned.
The criminal code is not in operation and I think it would be a sad day for The Gambia if it were ever introduced," he observed.

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'SHARIAH WILL BREED CHAOS'
Friday, January 5, 2001 by Editor
Muhammed Lamin Sillah, the secretary general of Amnesty International, Gambia, and the coordinator of Human Rights Coalition of The Gambia, has contended that the introduction of the strict Islamic law, shariah, in The Gambia, would "breed chaos and conflict" in The Gambia.
Reacting to the call by Imam Baba Leigh of Kanifing Estate Mosque Wednesday for the introduction of shariah, Mr Sillah said, "What we need in The Gambia at present is the observance of the rule of law, human rights and good governance.
Considering this scenario vis-a-vis the international legal standard which establishes strict criteria by which the independence of the judiciary can be ensured, the shariah law as a legal system can't assure the independence of the judiciary in that the shariah is not human-made and not subjected to any form of development or changes," he said.
He further said shariah cannot be introduced in The Gambia because "The Gambia is a secular state and even Prophet Muhammad had lived peacefully with Christians, Jews and animists without imposing the shariah law on them."
He said Islam calls for tolerance and no compulsion to its doctrines.
Mr Sillah challenged people to "create awareness among worshippers and non-worshippers for the observance of morality and good behaviour."

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IMAM LEIGH CALLS FOR SHARIAH
Thursday, January 4, 2001 by Editor

The imam of the Kanifing Estate Mosque, Baba Leigh, has renewed the debate on whether the strict Islamic law, shariah, is appropriate for The Gambia.
Speaking yesterday, the controversial imam said, "President Yahya Jammeh should not even bother. It is very easy for people to tarnish a leader's image through a simple thing. I agree that the head of state was misquoted by the media but let him not even make any rectification because the introduction of shariah in The Gambia will not be any mistake.
Imam Leigh said shariah should be introduced by the people of The Gambia and that task must be carried out by the ordinary Muslim citizens of the country.
He said he was aware that non-Muslims also live in The Gambia. "Those people have their constitutional rights which must be protected.
Shariah, when introduced, will not effect them as they too have their own religion and way of life.
We are not going to do it the way Nigerians do it as we can't drive away these Christians," he said.
Imam Baba Leigh said he wanted an audience with the president to discuss this issue of shariah. "I have tried this many times but to no avail.
During his Eid-ul-Fitr meeting with religious leaders at State House last weekend, President Jammeh was quoted by Radio Gambia as saying he was going to introduce the strict Islamic law in The Gambia in 2001.
However, that statement was hotly disputed by the State House press and PR director, Fatoumata Jahumpa-Ceesay, who said the president was misquoted.
However, the constitution of The Gambia has entrenched the secularity of the state and frowned upon the introduction of any state religion.

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