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Friday Sermon: Excursions in Islam: Hadith Revisited

Published

3 years ago

April 29, 2022

Eric

By Babatunde Jose

After the death of the Prophet and the passing of the first generation of his aides, Muslims were at a loss as to what the Prophet would have done under varying hypothetical situations. The lot then fell on the jurists to start collecting Hadiths (Reports) which recorded the Prophet’s words on a given occasion and his habitual mode of behavior (Sunnah).

The Hadith became crucial to the body of Islamic law extracted from detailed Islamic sources. Some of these ‘reports’ were used to support the new forms of Islamic piety that had developed; others provided historical evidence to support state policy.

These reports multiplied during the eighth and ninth centuries, until a bewildering number of Hadith circulated throughout the empire, covering everyday matters, metaphysics, cosmology, cosmogony and theology as well as politics.

These were finally collected and anthologized. The most famous editors were Muhammad ibn Ismail al-Bukhari (d. 870) and Muslim ibn al-Hajjaj (d. 875). Because some Hadith include questionable and even contradictory statements, the authentication of hadith became a major field of study in Islam.

The Hadith were vigorously promoted by a populist contingent known as the Ahl al-Hadith (‘Hadith People’) who insisted that Muslim law be rooted in these eyewitness reports instead of the ‘independent reasoning’ (ijtihad) developed by the jurists. Their piety appalled the more rationally inclined Muslims, since it threatened their strict sense of divine unity, but these practices also resembled the way Christians had come to think about Jesus. Through the Hadith, Muhammad had gained divination and reverence.

Hadith have been called “the backbone” of Islamic civilization, and within that religion the authority of Hadith as a source for religious law and moral guidance ranks second only to that of the Quran. Scriptural authority for Hadith comes from the Quran which enjoins Muslims to emulate Muhammad and obey his judgments (in verses such as 24:54, 33:21).

While the number of verses pertaining to law in the Quran is relatively few, Hadith give direction on everything from details of religious obligations such as ablutions for prayer, number of Rakats to the correct forms of salutations. Thus the “great bulk” of the rules of Sharia (Islamic law) are derived from Hadith, rather than the Quran.

Early in Islamic history there was a school of thought that adhered to the view that the Hadith were incompatible with Islam. For 300 years following the Prophet’s death, there remained a portion of Muslims who “mocked and derided” the system of Hadith.

There are many Muslims (some of whom call themselves Quranists but many are also known as Submitters) who believe that most Hadiths are actually fabrications created in the 8th & 9th century AD, and which are falsely attributed to the Prophet.

It should be noted that the corpus of Hadith is an amorphous body of information with a mass of contradictions, sometimes embarrassment not only to Muslims but a source of discomfiture to Islam.

Some Hadith have given ammunition to enemies of Islam and have often been used to cast aspersion on the Prophet. The obnoxious satirical book of Salman Rushdie, The Satanic Verses is a good example and the vilification of the Prophet as a pedophile is an abuse that won’t go away because the Hadith erroneously lend credence to such charges.

There are other such embarrassing issues such as stories of the prophet going through all his wives in one night; the prophet condemning the use of the left hand saying it is associated with the Devil: Yet Allah in His wisdom created the left handed child. Some Hadiths have even gone as far as creating unsavory impression of Islam as a violent religion.

According to the Quran, there is no intercession at all on Judgment Day. ‘Kosi gbami gbami ni ojo Qiyyama’. This assertion is repeated three times in Quran 2:48: Then guard yourselves against a day when one soul shall not avail another nor shall intercession be accepted for her, nor shall compensation be taken from her, nor shall anyone be helped (from outside); Also 2:123 and 254).

Hadith is at odds with the Quran in terms of religious philosophy, this time in terms of the personal nature of salvation as some Hadith claim that the Prophet will intercede on behalf of his people on the Day of Judgment.

There is also a problem with ritual prayer (salat). While hadith literature speaks of things which “nullify” the prayer as if it were a product to be inspected, the Quran focuses on internalizing the reading so that it prevents us from injustices and evil acts (29:45). Prayer is not about form but rather substance.

Yes, even in matters of the concept of reward and sin: Most Muslims believe that Islam is just about seeking rewards and the rewards are like ‘points’ to enter Jannah. However, in the Quran no verses support such understanding. Today, the way most Muslims comprehend Islam is to seek for reward rather than the approval of Allah.

By the year 200 A.H. a total of 600,000 Hadiths were in existence, out of which 408,324 were fabricated by 620 forgers. Most notorious forger Ibn Au’jaa confessed before he was hanged that he alone had forged 4,000 Hadiths.

It has been suggested that three major sources of corruption of Hadith are political conflicts, sectarian prejudice and the desire to translate the underlying meaning, rather than the verbatim words, of the original quotes.

An important tradition that bear relevance to our mode of worship relates to the place of women in Islamic prayer.

The custom of purdah in certain Muslim countries raises the question as to whether women may go to the mosques. Yet, there was no such question in the time of the Prophet when women freely took part in religious services. See Bukhari 9:22 and 10:65; 152.

All the above traditions afford overwhelming evidence of the fact that women, just in the same way as men, used to frequent the mosques without let or hindrance. The Prophet was quoted as saying: Do not prohibit the handmaidens of Allah from going to the Mosques of Allah. Bukhari 11:12

The practice of women present in the mosques seems to have continued long after the Prophet’s time. Within the mosque they are not separated by a screen or curtain. They only form a line behind the men, see Bukhari 10:164. And though they were covered by an over-garment, they did not wear a veil. On the great gathering of the Hajj a woman was expressly forbidden to wear a veil, see Bukhari 25:23.

In the year 256 A.H. The Governor of Mecca is said to have tied ropes between the columns in the mosque to make a separate place for women. See the Encyclopedia of Islam. By the end of the day, the separation grew to the point that women were barred from the mosque entirely. Something that never happened during the time of the founder of the religion.

The roots of gender segregation in Islam have been investigated by many historians. Leila Ahmed explained that the harem arose in the Umayyad and Abbasid dynasties. It was not an institution from the time and place of Prophet Muhammad. Leor Halevi wrote in an article about women and mourning laments that a ″novel and unprecedented concern with the segregation of the sexes″ took place in Kufa, Iraq, in the eighth century. In time, this became normative.

Still under prayers are the concept of Tahajud prayer and Tarawih. Why we do not find the word “Tarawih” anywhere in the original Islamic documents (i.e, the Quran and Sunnah)? The prayer is referred to as the “Night Prayer” (Qiam-ul-layl) in the Quran and Sunnah, which basically is the Tahajud prayer.

The name Tarawih was invented by the followers when the Prophet offered the prayer in public for few nights. He did not intend to make it a formal prayer and did not invite people to join him. It was the curious group of followers who stood behind him and followed him in that Tahajud prayer. When the Prophet realized the matter he stopped offering the prayer publicly.

The Tahajud prayer is voluntary night prayer after the Isha prayer, presumably after some sleep, late at night. It was enjoined on the Prophet. See Quran 73:1-6; 73:20; 17:19. He later asked his people to perform it in their homes. While the recitation from the Quran in ordinary prayers are short, those during Tahajud could be long. Initially it consisted of 8 Rakats with an additional three of Witr.

No doubt, after the Prophet, the Witr prayer was taken from Tahajud and added to the Isha prayer. Owing to the Prophet’s emphasis on the Tahajud during the Ramadan, the Companions became very particular about it and it was later transform into the Tarawih which we now practice during Ramadan. Though the Tahajud is still practiced as a private late-night prayer.

It was Umar during his Caliphate that introduced a change whereby the Tahajud became a congregational prayer after the Isha during Ramadan. It is now the practice to recite the whole Quran in the Tarawih prayers during Ramadan. Umar at first ordered eleven Rakats but later increased to 20 in addition to three Witr making 23 Rakats. This practice is maintained throughout the Muslim world, the Ahl Hadith and the Ahmadis being almost the only exception. Who says all Bidah is a sin?

However, there is no doubt the Hadith are too voluminous and there are many repetitions and contradictions in them. The Hadith tried to cover every facet of life of the prophet including his very private ones such as his sex life.

As the curtain falls on the Holy month of Ramadan this weekend, we thank God for seeing us through the month and pray that we witness many more, in good health. We pray for the repose of the souls of those who started but did not finish the fast with us and pray that Allah grant them Jannatul Firdous. To the rest of us, we say Alhamdulillah for a successful Ramadan. May Allah’s peace and blessings be with us. Ameen.

Barka Juma’at, Ramadan Kareem and Happy Eid El-Fitr.

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Senate Approves Tinubu’s ₦1.77trn Loan Request

Published

1 month ago

November 21, 2024

Eric

The Senate has granted approval to the ₦1.77 trillion ($2.2b) loan request of President Bola Tinubu after a voice vote in favor of the request.

The Senate presided by Deputy Senate President, Barau Jibrin, approved the loan after the Senate Committee on Local and Foreign Debts chaired by Senator Wammako Magatarkada (APC, Sokoto North) presented the report of the committee.

The request which was submitted by the President on Tuesday is part of a fresh external borrowing plan to partially finance the N9.7 trillion budget deficit for the 2024 fiscal year.

Tinubu had on Tuesday written to the National Assembly, seeking approval of a fresh N1.767 trillion, the equivalent of $2.209 billion as a new external borrowing plan in the 2024 Appropriation Act.

The fresh loan is expected to stretch the amount spent on debt servicing by the Federal Government. The Central Bank of Nigeria recently said that it cost the Federal Government $3.58 billion to service foreign debt in the first nine months of 2024.

The CBN report on international payment statistics showed that the amount represents a 39.77 per cent increase from the $2.56bn spent during the same period in 2023.

According to the report, while the highest monthly debt servicing payment in 2024 occurred in May, amounting to $854.37m, the highest monthly expenditure in 2023 was $641.70m, recorded in July.

The trend in foreign debt servicing by the CBN highlights the rising cost of debt obligations by Nigeria.

Further breakdown of international debt figures showed that in January 2024, debt servicing costs surged by 398.89 per cent, rising to $560.52m from $112.35m in January 2023. February, however, saw a slight decline of 1.84 per cent, with payments reducing from $288.54m in 2023 to $283.22m in 2024.

March recorded a 31.04 per cent drop in payments, falling to $276.17m from $400.47m in the same period last year. April saw a significant rise of 131.77 per cent, with $215.20m paid in 2024 compared to $92.85m in 2023.

The highest debt servicing payment occurred in May 2024, when $854.37m was spent, reflecting a 286.52 per cent increase compared to $221.05m in May 2023. June, on the other hand, saw a 6.51 per cent decline, with $50.82m paid in 2024, down from $54.36m in 2023.

July 2024 recorded a 15.48 per cent reduction, with payments dropping to $542.50m from $641.70m in July 2023. In August, there was another decline of 9.69 per cent, as $279.95m was paid compared to $309.96m in 2023. However, September 2024 saw a 17.49 per cent increase, with payments rising to $515.81m from $439.06m in the same month last year.

Given rising exchange rates, the data raises concerns about the growing pressure of Nigeria’s foreign debt obligations.

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DIAMED CENTRE: Kesington Adebutu is a Father in a million – Daughter, Abiola Olorede

Published

5 months ago

July 20, 2024

Eric

By Eric Elezuo

A United States and United Kingdom trained prolific doctor, Dr. Abiola Olorede, the first daughter of accomplished businessman and renowned philanthropist, Sir Kesington Adebukunola Adebutu, is not a run-off-the-mill medical practitioner. She knows her onions, her worth and the mandate she is programmed to fulfill.

She is the Chief Medical Director of the just opened DIAMED CENTRE, a fully equipped diagnostic and medical facility saved with the responsibility of catering to the medical needs of the Nigerian public.

The hospital, which was built and handed over to her by her philanthropic father, is located at Kuboye Street, in the heart of Lekki Island, Lagos.

In this brief chat, the achiever, who lived most of her educational life in Dublin, Poland, expressed her gratitude to a father like no other, and how she and her team intends to make the best of the facility and equipment to totally affect humanity for the better.

Excerpts:

CAN YOU TELL US THE IDEA BEHIND THIS GREAT PROJECT?

Thank you very much, my name is Abiola Olorede, I am a medical doctor by profession. I schooled in Dublin, worked in the United Kingdom and in United States of America. When I came back home to Nigeria after my education including postgraduate studies, I realized that one of the major challenges is that a lot of the diagnostic tools that we need to use for evident-base treatment of our patient were lacking. Since then, I have always had a dream that when i am able to afford it, I will like to have a place that Nigerians can go to as comparable as those round the world because, just as I have always spoken about it, every Nigerian should have any treatment obtainable anywhere in the world in their home country.

CAN I DEDUCE THEREFORE, THAT YOU INTEND TO STOP MEDICAL TOURISM BY ESTABLISHING THIS ALL INCLUSIVE MEDICAL CENTRE?

Hmmm…Intend to stop is a very big word. I am hoping by the service we would offer here, a lot of Nigerians will see it as comparable to anywhere in the world and would want to use it instead of going out of the country. So, a lot of people that go out of the country can benefit from world class treatment in Nigeria.

SO OUT OF ALL YOUR DAD’S PHILANTHROPIC GESTURES, HOW DOES THIS ONE MAKE YOU FEEL?

If you noticed, the Kensington Adebutu Foundation, KAF, as it is fondly referred to, has major pillars and that’s education and health. It does a lot of other projects no doubt. I know that in any society, if the people are not educated, it’s a big loss to the country, if you don’t have the healthy workers too, it’s a big loss. So this brings out much of my pride in the service of Nigeria.

AS A PROUD DAUGHTER, WHAT MORE COULD YOU SAY ABOUT YOUR FATHER?

First of all, I would like to thank him. I tell everybody that he is father in a million. He supported his children over the years, financially, and with wisdom. I’m going up to 60, and my father still supports me pursue my dreams; it’s very rare. I want to thank him from the bottom of my heart. He’s always there, so thank you dad, you are a wonderful dad.

CAN YOU JUST ANALYZE THE KIND OF EQUIPMENT WE HAVE HERE?

We have a lot of facilities that are available, we have 3D monogram, it gives better images, and it’s less painful when you do that. We also have 64 high CT scan, digital X-rays, a lab, Haematology, Dialysis department, Dental suite, Opthalmology and Physiotherapy. We have a fully functional Pharmacy; so it’s like a one stop shop.

We have a Cardiac Suite where you can do ECO and other tests. We engage patients morning to night, make them comfortable as they get their test done. We don’t want you to feel you are in a hospital premises; you come from home and get all your test done.

WHAT DO YOU PROMISE NIGERIANS USING THIS FACILITY?

I promise Nigerians is that only experts, who will give the right diagnosis will be engaged here so we can give world class treatment and service. We want to use evidence and innovations to manage patients. Those are our promises to Nigerians and others as an organization and God will help us deliver all these promises.

AND HOW AFFORDABLE IS IT TO PATRONISE THIS PLACE?

We would try to make it cost effective in as much as medical care is not cheap. I tell people that being healthy is cheaper that being sick and that’s true, and that’s what we hope to accomplish. It is difficult to maintain some of this machines, some of them are very expensive so we must be able to recoop cost to get and replace equipment when due.

Thank you doctor Abiola, you have been very helpful and I wish you well in the management of this facility to the best interest of Nigerians. God bless you ma.

The pleasure is mine

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The Independence of the Judiciary in a Democratic Dispensation (Pt. 4)

Published

5 months ago

July 19, 2024

Eric

By Mike Ozekhome

Introduction

In the last part of this intervention, we examined the abuse of ex-parte orders as part of our survey of the independence of the judiciary. We then moved on to political pressures exerted on the judiciary. We continues with this theme today and extend economic/fiscal pressures which undermines judicial independence. We shall also x-ray the intellectual dimensions of the judicial remit as well as the relevant legal codes for their appointment. Come with me.

POLITICAL INDEPENDENCE (continues)

The duty of maintaining a Judiciary that is free from political influence, an independent and impartial Judiciary in line with section 17(2)(e) of the 1999 Constitution, rests on the honourable men and women on the bench, the political class, the other two arms of government and all and sundry. An independent Judiciary that inspires confidence is a sine qua non for sustainable democracy. Judges have a special role to reject any attempt to undermine the independence of the Judiciary in this dispensation. It is sacred! The admonition of Hon. Justice (Prof.) A.F.D. Kuti in this wise is instructive.

“Of course, judges make laws by interpretations, as judges, by nature and training do not succumb to partisan considerations they are political, they should be abstinat a fabia. They must not allow themselves to be torn apart by any form of differences in our societies… The judges have a duty to chart an independent course and let it be known that the independence of (the) judiciary is of vital importance to the democratic process to maintain Human Rights Provisions and to maintain the non-adoption of sate Region… The Judiciary itself must be like Cinderella living in a glass house, above board like Caesar’s wife, also above suspicion”.

Economic/Fiscal Independence

It is a trite warfare strategy that the easiest way to weaken an army and overrun it is to cut off its supplies and starve it. Vital in the question of independence of the Judiciary is the issue of fiscal autonomy, and proper funding. As soon as we institutionalize the practice of judicial officers going cap in hand to beg for funds from the Executive, the idea of independence of the Judiciary has been trampled upon and blown into smithereens! Independence must involve economic ‘self-reliance’ and fiscal autonomy. By these, we mean that the Judiciary under this dispensation should always be able to have the funds due to it constitutionally falling directly to it without having to approach the Executive for any form of lobbying before funds can be released to it. The Constitution has substantially taken care of this area. It only remains for the frontiers of fiscal autonomy to be widened so that the Judiciary, (especially State Judiciaries) would be able to carry out capital projects so as to maintain befitting physical infrastructure for the Judicial institution. Agbakoba has argued that:

“Judicial Independence is meaningless if it is not accompanied by economic independence. Dishonest judicial staff has no credible claim to judicial independence. It is necessary to take steps to ensure that judges and magistrates can enjoy a professional status capable of guaranteeing them the required amount of professional independence coupled with an adequate remuneration package that can effectively isolate them from pecuniary pressures.”

In Nigeria and under this democratic dispensation, some jurisdictions have had to contend with dilapidated office buildings, inadequate supplies and regular power outages. Starvation of funds is a weapon used by the Executive, the keeper of the Federation purse, to achieve a balance of judicial power by giving judicial officials a sense of economic/fiscal dependency.

To stave off starvation of funds, many countries have had to increase budgetary allocations significantly in favour of the judiciary both to provide adequate physical facilities and to allow for the continuing education of judges, magistrate and their staff. In some cases, as in Madagascar, this new approach has resulted in the establishment of a school solely dedicated to the training of judicial personnel.

The poor state of fiscal ability of the Judiciary in Nigeria today aptly depicts the observation of the Federalist, Alexander Hamilton that:

“The Judiciary is beyond comparison the weakest of the three departments of power. It has no influence over either the sword or the purse; no discretion either of the strength or the wealth of the society; and can take no active resolution whatever. It may be said to have neither FORCE NOR WILL, but merely judgment.”

Although the salaries and recurrent expenditures of the Judiciary are constitutionally charged upon the Consolidated Revenue Fund, it does not appear that the Constitution specifically ensures the provision for the capital expenditure of the Judiciary. This is another ploy to still keep the Judiciary low and check its ferocity in holding the balance over government excesses. There are other pockets of ploys and half-truths.

It has, for example, been argued from the Bench that the concept of accountability has often been relied upon to justify restricting the administrative independence of the Judiciary. The Executive must, in this democratic dispensation, allow unfettered fiscal independence for the judiciary by freeing its funds from all restrictions so that judges do not have to continue to go to the Executive to seek for funds for capital projects and recurrent expenditure or extra budgetary expenses.

Judicial accountability, in fact, complements and reinforces judicial independence by creating the public confidence on which judicial independence ultimately depends. There is no gainsaying that the point is sometimes made that in relation to their judicial functions, judges are subject to a higher degree of accountability and transparency than any other public officers, or even with the present democratic dispensation, than indeed any holder of political office, be they ministers or special advisers or chairmen or members of parastatals.

It has also been argued from the Bench that financial independence of the Judiciary can only be guaranteed where the ‘order’ allows physical projection and administrative control of finances by officers accountable to the Judiciary.39 The notion of Independence of the Judiciary would remain mere rhetoric without complete fiscal autonomy for the Judiciary.

Intellectual Independence

This subhead is used here in a technical sense as an issue of judicial independence. But, it can best be described by the story in the Bible of Israel’s sojourn in the land of Egypt. A wicked king that hated the Hebrews and was afraid of their independence and prosperity had given an instruction to midwives in this manner,

“When ye do the office of a midwife to the Hebrew women….if it be a son, then ye shall kill him but it if be a daughter, then she shall live…Every son that is born ye shall case into the river, and every daughter ye shall save alive.”

Pharaoh preferred Hebrew females because he was afraid of male power in the event of war with the Hebrews. The same stratagem has been employed to destroy the intellectual vibrancy of the judiciary so as to weaken its independence. The calibre of judges that can stand their ground against assault on judicial independence are those imbued with high independent, incorruptible and analytical mind laced with profound intellectual fecundity. While the High Court Bench has a mixed multitude of judges, the Court of Appeal and the Supreme Court are filled with such high calibre of intellectually vibrant and independent-minded justices. This would explain why the Court of Appeal and the Supreme Court have not only set impressive records of independent-mindedness and incorruptibility. Those two courts can hardly be faulted in the area of independence and absence of external influence. The problem of intellectual freedom mainly lies at the High Court Bench, and the lower benches.

Appointment

By virtue of section 250(3), 256(3) and 271(3) Constitution of the Federal Republic of Nigeria 1999, a person shall not be qualified to hold office of Chief judge or a judge of the Federal High Court, Chief Judge or a judge of the High court of the Federal Capital Territory and a judge of a High Court of a state, respectively:

“Unless he is qualified to practise as legal practitioner in Nigeria and has been so qualified for a period of not less than ten years”.

We are not really concerned here about the procedure for appointment of High Court judges. What has threatened the system with collapse is the bare assumption in these constitutional provisions that tends to imply that once a person has spent ten years on earth since he/she was called to the Bar, the person automatically has all the intellectual capability to be appointed a judge.

More than anything else, judicial incompetence (encompassing law intellectually, law productively etc) has contributed to rob the Judiciary the necessary intellectual freedom it needs to assert and guard its independence. According to Schewart:

“The quality of justice….depends more upon the quality of the men who administer the law then on the content of the law they administer.”

In his keynote address at the recent Bar Conference at Enugu, Chief Afe Babalola, SAN, observed on the constitutional qualification for appointment as a judge as follows:

“This allows great latitude for the appointment of ‘any lawyer’ who has met the ten years requirement regardless of where he is prior to his appointment. This explains why a new wig from the Nigerian Law School who, immediately after his call (and probably Youth Service) went straight to work in a company, multinationals and the life without any experience whatsoever in practice could be and are being appointed as High Court Judge”.

At the swearing in of the new Senior Advocates of Nigeria on Monday, September 8, 2003, the Honourable Attorney-General of the Federation and Minister of Justice, Chief Akin Olujinmi, SAN hinted that more stringent criteria for appointment of judges would be introduced. According to the Chief Law Officer of the Federation:

“We will propose that only those who can furnish evidence of contentious cases they handled in the Supreme Court, Court of Appeal and the High Court within, say, three years preceding their application should be considered for appointment. By so doing, it will be possible to select only seasoned practitioners to occupy positions on the Bench.” (To be continued).

Thought for the Week

“I believe that an independent judiciary is the crown jewel of our constitutional republic. Brett Kavanaugh”. (Charles Evans Hughes).