I begin with the Name of Allaah, the Entirely Merciful, the Especially Merciful.
“So fear Allaah as much as you can; listen and obey….”Qur’an 64:16
For over fifty years of its establishment, the Nigerian Law School has been an uncomfortable environment for most Muslim ladies who are keen on practicing their religion in its pristine form while pursuing their legitimate endeavor to become legal luminaries. This is manifested in the dress code which though adopts some level of modesty but is not modest enough for a Muslim lady nurtured under rich Islamic background. The fact that they cannot wear their religiously sanctioned dress code (Hijab) is enough an infringement on their fundamental human right. It is amazing and ironic that the protectors of law and human rights will deny others their fundamental rights. The international Law recognizes this fundamental right and so also does the Nigerian constitution.
Section 38 (1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) as well as Article 18 of the 1948 Universal Declaration of Human Rights state that: “Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.” By the virtue of this declaration and provision, Muslim ladies are entitled to the freedom of manifesting their religion in practice by donning the proper Hijab (which could be black to conform with the Law school specification) while living in the community of the legal fraternity.
Interestingly, in the International Covenant on Civil and Political Rights, which was adopted by the United Nations in 1966, exactly 18 years after the first Universal Declaration of Human Rights, recognized the freedom to practice religion of a person’s choice. Article 18 of the covenant states that; “none shall be subject to coercion which would impair his freedom to have or to adopt a religion belief of his choice.” To the Muslim ladies at the Law School willing to practice their religion, they understood Islam to be a complete way of life. Hence, if the constitution allows them to practice Islam then it has automatically allowed them to put on their Hijab (the proper Islamic dress code for a matured Muslim lady) because in Islam no such thing as ‘give to Pope what belongs to Pope and to Caesar what belongs to Caesar’. The Muslims have one mandate, “Say (O Muhammad peace be upon him): “Verily, my Salat (prayer), my sacrifice, my living, and my dying are for Allaah, the Lord of the ‘Alamin (mankind, inns and all that exists). “He has no partner. And of this I have been commanded, and I am the first of the Muslims.” Qur’an 6:162-163
For the Muslim lady, Hijab is not a choice, Hijab is a religious obligation, an integral part of a manifestation of her belief system and denying her this right is tantamount to contradicting section 38 (1) of the 1999 constitution. A Muslim lady that appreciates the provision of her religion regarding modesty cherishes her neck, cleavage, ears, hair, she cherishes her body that she does not display it to every Tom, Dick and Harry but keeps it covered exclusively preserved for her husband. But again, she is not one that has been denied access to education rather she is encouraged to pursue her legitimate endeavors but not at the detriment of her religious obligations. Sadly, the system of the Law school has successfully kept many aspiring young Muslim ladies away from being professional legal practitioners because to them, they cannot because of Law School uncover themselves. Some have even left the country out of frustration to study Law in places like Malaysia where they can comfortably appear as Islamic as they ought to. Yes, Malaysia is unlike Nigeria in terms of her religious composition, but arguably, the Nigerian constitution if duly respected by those at the helms of the affairs of the Law school, has allowed Muslim lady to observe the tenets of her religion.
The Law dinner and Call to Bar, are two major events that exported foreign customs in terms of eating and dressing into our shores. This has been a sour in the throat of most Muslims who are coerced into adopting ways different from their norms in the name of Law Dinner (things like eating with the left hand, though not very strict on it, and wearing only caps by ladies thereby exposing the neck, chest and ears). For a modest, pious, shy, respected and religious Muslim lady, the uncovering of her hair is the greatest injustice to her honor yet, the organizers of these events have made it a condition that only cap is worn which uncovers her ears, neck and chest. This is an act of injustice meted out against those trained to champion the cause of justice.
Be it as it may, the association of Muslim Judges (if they exist), Muslim Association of Lawyers in Nigeria (MULAN), Muslim Law Students (NAMLAS), the Nigerian Supreme Council For Islamic Affairs (NSCIA), the Jama’atu Nasril Islam (JNI), the Izala society and all concerned Muslim groups and individuals, must realize that each one of them has at least a role to play to make sure that the right of a Muslim woman to remain uncovered wherever she is, even at the Law School and during the Law dinner is respected and upheld. They need to speak with the body of benchers to rescue the plights of the Muslim ladies. In a narration by At-Tirmidhi classed as Hasan (good) by al-Albani, The Prophet (peace be upon him) said, “Fear Allaah wherever you are…”
Many people have raised concern about this issue several times, some are silent because they are afraid of being victimized while others have tried but have been deliberately frustrated but none should give up hope in trying to support this clarion call and to make all necessary efforts acceptable within legal framework. Senators and Members of House of Representatives must be charged to allow for a public hearing on this to hear the grievances of Muslim ladies and their frustration in trying to pursue their constitutionally allowed endeavor to become legal practitioners in the midst of disregard for their religious sensitivity. A Muslim lady is cognizance of the fact that Law School is not a ticket to disobedience to the orders of Allaah.
This call should not be allowed to be flushed down the drain.
Mr Abdul (Penabdul), an architect, is the Chairman/CEO Sustainable Project Works (SPW) Ltd. Twitter: @Penabdull instagram: @Penabdul
