WOMEN IN POLITICS: A REVIEW OF COMMON AND ISLAMIC LAW PROVISION

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Keywords: WOMEN IN POLITICS: A REVIEW OF COMMON AND ISLAMIC LAW PROVISION

 

RESEARCH BODY

ABSTRACT

Issue of gender equality (men and women) are equal in al ranks,

which also includes politics, which is aimed at women rather than

men, these debates degenerate and disintegrate into discordant

posturing, grandstanding, sweeping, generalizations and

misrepresentation. I do not intend to throw my hat into the ring. I only

wish to add my voiced to the discourse. Before women’s participation

in politics remained a contentious but neglected area in dedicated

academic discourse or forum such as the instant one. This, thus long

essay is but an attempt to shed light on some darkened areas with the

hoe that the eager picture will be clearer and with the realization that

Islam, rather than dehumanize, it actually enhanced the status of

women.

In this long essay, an attempt is made to analyze and examine the

divergent views and arguments of both proponents and opponents of

women’s participation in politics. On the other hand, women in

politics, although with a caveat, that should not be at the expense of

the family and dewomanizing the women. This long essay further

seeks to address the need of open mindness and accommodation there

on from both sides of the divide.

CHAPTER ONE

GENERAL INTRODUCTION

1.0.0: INTRODUCTION

In spite of the fact that around the world today, democracy has become the pillar

upon which nations are building the hope of attaining sustainable development,

the definition of democracy remains exclusive, politics though remain an integral

part of democracy bearing traditional definition, which characterizes. It was male

dominated and excluding women. It needs to be stressed that women’s political

rights remains an integral part of human rights and women’s rights generally are

necessary aspect of any democratic frame work. This long essay will examine the

extent of women participation in Nigeria politics and the extent of marginalization

of women in politics.

If the definition of democracy allows for diversity opinion and participation of

different groups, then it cannot be thrive by excluding women, which effectively

constitute half on the world’s population and half of each and every single

national population. The fact that the constitution is supposed to promote the

evolution of the notion of the democratic process is not in doubt, what seems

debatable is whether democratic process can flourish in the current dispensation

2

where the constitution guarantee for women participation in politics are limited.

In Nigeria despite the significant roles of women before and after independence in

development of corresponding economic, social and political power is still

wanting. The fact that military ruled for years helped to institutionalize violations

of human rights that resulted to severe political, social and economic crises. These

anomalies have impacted negatively on the development of women’s right,

despite the many international norms and institutions designed to advance the

cause of women. This long essay under scores the extent of degration on this light

and properly examines the ideal status of women in Nigeria under the relevant

statutes.

The challenge of women’s participation in the political process in Nigeria has

gained additional significance, since the return of democracy. The last election

saw men taking over their male dominated model of politics altogether or

rejecting male single of political. Women’s aspiration to participate in governance

is premised on the following grounds, it is the believed that women constitute half

of the population and hence should be allowed to a fair share in decision making

and the country, secondly that all human beings are equal and women posses the

same rights as men to participate in governance is an entitlement conferred upon

3

all citizens by law. By virtue of section 4011 of the constitution states the

following;

“Every person shall be entitled to assemble freely and associate with other

person and in particular he may form or belong to any political party, trade

union or any other association for the protection of his interest:

Provided that the provisions of this section shall not derogate from the power

conferred by this constitution on the independent National Electoral

Commission with respect to political parties to which that commission does not

recognition”

Section 422 of the same constitution states further that;

(1) A citizen of Nigeria of a particular community, ethnic group, place of

origin, sex, religion or political opinion shall not, by reason only that he is such a

person be subject to any form of discrimination.

This further confirms that you can go to court to seek redress, if as a woman your

franchise is violated and that the constitution as a whole prohibits discrimination

on the basis of sex. The constitution also state:

Section 773 provided in inter alia:

(1) Subject to the provisions of this constitution, every senatorial district of

Federal constituency established in accordance with the provision of this

part of this chapter shall return a member who shall be directly elected to

1 Constitution of the Federal Republic of Nigeria, 1999.

2 ibid

3 ibid

4

the senate or the House of Representatives on such may be prescribed by

an Act of National Assembly.

(2) Every citizen of Nigeria who has attained the age of eighteen years

residing in Nigeria at the time of the registration of voters for purpose of

election to a legislature house shall be entitled to be registered as a voter

for that election.

From the foregoing, it appears that there is nothing in the constitution, which

excludes the participation of woman in politics in Nigeria, yet when it comes to

actual practice, there is extensive discrimination.

On the other hand, The Noble Quran allows women the right to vote, to

participate in politics and express her opinion in public discourse. It is on record

that in the days of the Prophet Muhammad (SAW) women were consulted before

Islamic communities choose their leaders, women ask Him questions of different

topics and expressed their opinions as well participated in public life, with the

early Muslims especially in times of emergencies including accompanying

Muslim armies to battle to take care of the wounded and prepare supplies.

Also, the equality of women and men is Shariah is not doubt. Nowhere in The

Noble Quran from where the Shariah was derived, is the women made inferior to

the man. The Quran only recognizes differences in their roles as it true of other

religions. Such differences in their roles make the man the leader or head of the

5

family. The man provides, protect etc. these do not make the man necessarily

superior. This is not peculiar to Islam alone, which states the responsibilities of

man and woman.

Finally, this long essay shall proffer effective and plausible solutions and

recommendations to these constraints in a bid to ensuring equality as guaranteed

by natural and inalienable rights bestowed on all and sundry.

1.1.0: BACKGROUND

The general believe is that, there is tendency for people to frown at the idea that

women should participate in politics. Politics is said to be the science of

governance, it involves the distribution of resources and those who decide how

wealth and other resources should be distributed among the masses usually enjoy

prestige, authority and power. The process of acquiring this type of power often

entails some intrigues bargaining and negotiation for some strange reason, people

assume that men have a monopoly of those skills, thus women are often excluded

from politics and public life in general. They are expected to operate solely within

the family and home arena as wives mothers and home makers. Politics is said to

be too rough a game for women.

6

The impact of women in Nigeria does not reflect in their population in the

political sphere. Women represent about 60%4 of the Nigeria total population but

there is only minimal number of women participation in the Federal and State

legislature. There has never been a women is the Supreme Military Council

(SMC) or the Armed Forces Ruling Council (AFRC) as the case may be. This

may however be due to the fact that there are few women in that profession.

Major policy decisions are taken without female representative. Even where the

decision and policies that emerged from the affect women directly. Although, it

has been stated that women have found their ways in the Federal Cabinet during

civilian regime, there participation in decision making bodies are minimal. Major

decisions are taken without female representative even where the decision and

policies that emerge from them are evolved for the benefit of women.

This therefore, goes to say that the impact of women does not reflect in their

population in the political sphere. In the pre-independence days, Mrs.

Olufunmilayo Ransome Kuti was a political figure in the 1950’s and she was the

only female member of the delegation sent to Britain to deliberate on the

4 Madinagu B.E and Okoye F, ‘Women Law and Transition to Democracy’ (1993 printed El-Rafiu

print, Kano edited by Kola Ahmed).

7

independence in Nigeria. In this period, not many were appointed. Those that

were appointed were either junior ministers or commissioners in charge of youth,

sport and culture in the second republic. In the third republic, out of 109 members

of state, only 3 were females and out of 360 members of House of Representative

only 8 were females. Furthermore, during this present dispensation, out of 109

member of the Senate only 4 are females and out of 360 members of the House of

Representative only 235 are females. This is an improvement over the previous

years but more can still be done.

Also, Nigeria women stand on the same footing with their male counterpart,

whenever they were given the opportunity to perform. It is however, glaring that

the political game of this country has been preserved exclusively for men. This

has led them to the conclusion that Nigeria women are not politically active than

their male counter part.

The ranking ascribed to women is Islam in very noble and lofty one and her effect

is very great in the life of every Muslim. Right from the time of her birth, a baby

ought to be very special to her parent for Islam chastised those fathers who feel

said their wives give birth to a female child in preference to male child.

According to the traditions of the Prophet Muhammad (SAW) there is blessing in

5 ibid

8

the raising of female children. He is reported to have said that in respect of a

person who has two daughters and did not bury them alive or insult them and

brought them up properly. He and (the person) will be in paradise together.6

Islam had emancipated women and had given the world the basic prescription for

the respect and values of human beings irrespective of class, color, sex or creed.

The Muslim women have the privilege to vote and voted for, right to her own

opinion making decision and there is equality in Islam.

“O mankind, we created you from male and female and made you into races and

tribes that you may know one another surely, the noblest among you in the sight

of God is the most God caring of you”7

According to this verse of The Noble Quran, it is quite apparent that all human

beings are equal that no one should be deemed to above in righteousness. The

women and men are equal but not same. Any suggestion of superiority of the man

to the woman is strange to the Quran. In fact, the Quran frowns at discrimination

against woman. Any perceive discrimination cannot be sufficiently justified on

“Quranic” grounds.

6 Transmitted by Al-Bukhari and Muslim on the authority of Anas

7 Q 49:13

9

1.2.0: OBJECTIVE OF THE STUDY

My objective of study is to enlighten women on their roles in politics as to

whether they can participate in politics, this project serves as enlightenment for

females because the constitution, The Noble Quran, also the Hadith ,including the

jurist are also in supports that women should be given chances to participate in

politics no matter how small the post might be. They should not be looked down

upon; they deserve the right to participate in politics.

This project will encourage women and also know their civil rights, that they can

participate in election that is they cant vote and be voted for. Eg in Kwara State8,

among their gubernatorial candidate was a female who was Sen. Gbemisola

Rukayat Saraki, thou, she was condemned, but still stood on her feet that what a

man can do a woman can do better. Also during the presidential primaries9 in

PDP which was held in Abuja. A lady stood up that she wants to become a

president (Mrs. Sarah Jubril), but she was denied her civic right because it was

only her vote that counts, nobody voted for her.

8 Kwara State election (gubernatorial election) , 16th April.2011

9 January 15th, 2011

10

Also this long essay is to enlightened members of the public that a woman can

participate in politics, they should not be looked down upon, they should be

encourage, there is an adage which says, if you train a woman you have trained

the whole nation, the if you train a man you have trained a single person.

1.3.0 SCOPE OF THE STUDY

The scope of study of this long essay is based on women and their capabilities in

participating in politics. It would examine the rights in participation of politics in

the Islamic and common laws. Also, this long essay will be concerned about the

historical background, pro-colonial, colonial and post colonial eras. Also, it will

analyze the Act of textual authorities, the non-textual, the Common law review,

Statutes and also the similarities and dissimilarities between the two (Islamic and

Common laws). That dealt with women’s participation in politics, also their roles

they have performed and how they have been able to cope.

1.4.0: METHODOLOGY

The method to be employed here in carrying out this research for the purpose of

this paper would be based the textual and non-textual authorities and also the Act.

Information would be sourced from the Internet, Public lectures delivered by

various lecturers, newspaper; the 1999 Constitution of the Federal Republic of

Nigeria, websites would be consulted in order to have a provision of legal

information about women’s participation in politics.

11

1.5.0: LITERATURE REVIEW

As it is there is no single textbook on this topic of this research there are however

related articles which though there are no relevant book which are directly based

on this topic. This research is basically going to be my personal research using the

limited resources at my disposal to undertake a comprehensive study of the

women in politics and how they can be recognized and participate in politics.

Nimah Modupe Abdulkareem, in the annual publication of ‘The Jurist’ a

publication of law student society, university of Ilorin.10 She was of the opinion

that, a comparative religious study shows that, it is allowed that a woman can

participate in politics if it will not affect her primary role as a woman. Also that

there should be a constitutional guarantee for women to hold important positions

in the society based on the proportion of their population. This is because societal

prejudice will prevent them from contesting with men and wining.

Jemila M. Nasir,11 who doubles as the Dean of law University of Jos¸ Jos

Nigeria, was also of the positive opinion that the rights of all the Nigerian are

dealth with in the Chapter iv section 33, 46 of the Constitution of Federal republic

10 Dr. Niman Modupe Abdulkareem: Essay in honour of Hon. Justice Modibbo Alfa Belgore (CJN) (CON) (2005/2006)

pg.115-112.

11 Prof. Jemila M. Nasir Women rights and Islam in the Contemporary World (2006).

12

of Nigeria (1999). These sections guarantee every Nigeria citizens on their basic

fundamental human rights, which includes in right to participate in politics, also

that by improving their rights in politics which is already in the constitution

makes no distinction between men and women.

Muyiwa Taiwo,12 in his journal was of the opinion that in spite of the significant

roles of women before and after independence, the development of corresponding

economic, social and political power women are found still wanting.

A.A. Jekanyinfa, who is a lecturer of university of Ilorin, was of the opinion that

women should participate in politics also Sanusi Lamido Sanusi, who is the CBN

Governor on his comment on Abubakar Ahmad Gada’s write up “POLITICAL

IRRELEVANCE OF WOMEN IN ISLAM”13 Abubakar was of the opinion that

the leadership of women is prohibited in Islam on the basis of the assertion of the

Prophet in His Hadith Sanusi Lamido Sanusi reflectors the traditional

interpretation which validate women participation in politics. Also the Quran,

Hadith will be looked into.

12 Law student of Ahmdu Bello university, Zaira (the Nigeria law students’ Journal @ the

Quintessence 2010 (May) pg 111.

13 Weekly Trust of October, 2001.

13

1.6.0: CONCLUSION

Women should have confidence in themselves and also they believe in themselves

its better we should join hands together to let the world know that we have known

our rights and we cannot be intimidated again by the men. We now have equal

rights also not to accept choice less in line as to politics is the game of both male

and female.

A comparative religions study shows that it is allowed when done in such a way

that it will not affect her primary roles as women. Full involvement of women in

politics and decision making will be encouraged by way of organizing seminars

and workshops to enlightening women.

 

Keywords: WOMEN IN POLITICS: A REVIEW OF COMMON AND ISLAMIC LAW PROVISION

 


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