This document discusses approaches to combating corruption in Nigeria from both a legal and Islamic perspective. It summarizes that corruption undermines society by promoting a "national cake mentality" and stunting economic development. Both the Nigerian legal system and Sharia emphasize preventing corruption, with Sharia focusing on institutions like hisbah to correct citizens, zakat to reduce poverty, and mazaalim to address complaints against officials. The author recommends Nigeria fight corruption through a collective action approach and institutionalizing Islamic mechanisms like zakat and waqf funds while removing immunity clauses. The Muslim youth are urged to help enforce righteousness and prohibit corruption through cooperation and peaceful advocacy.
Preventing corruption in Nigeria: The relevance of the Islamic approach and the role of the Muslim youth
1. Imam-Tamim, Muhammad Kamaldeen,
Najibah Mohd Zin,
Norliah Ibrahim,
Roslina Che Soh @ Yusoff
Presented at the International Conference on Law, Order and
Criminal Justice organised by Ahmad Ibrahim Kulliyyah of
Laws held at ISTAC, IIUM on 19 and 20 November 2014
3. Issues
What is Corruption?
What are the approaches to combating Corruption?
What is the effects of Corruption on Nigerian Society?
What is the Nigerian Legal Approach towards
combating corruption?
What is the Shari’ah approach to preventing corruption?
What is the relevance of the Islamic approach in Nigeria?
What are the roles of the Muslim Youths in preventing
corruption in Nigeria?
Final thoughts and recommendations
4. What is corruption?
Anything that deviates
from the lawful and
morally right system
agreed to by the people
of a particular locality.
Corruption allows
decisions and actions of a
person to be influenced
not by rights or wrongs of
a cause but by the
prospects of monetary
gains or other selfish
considerations.
7. Effects of Corruption on Nigerian
Society
• national cake mentality
Perverted social
psyche
• Lack of productivity, initiative and creativity
Stunted economic
development
• Jungle justice
• Security challenges (Boko haram, Niger Delta
Militants)
Abuse of rule of law
and Criminal justice
system
• Inadequate education
Loss of Human
capital
9. The Shari’ah approach to preventing
corruption
Legal Frameworks
Shari’ah courts
To establish justice and
prevent corruption
Focuses on substantive
and not technical justice
Processes are simple,
expedient and aim at
purifying witnesses
No immunity clause
Shari’ah as a legal System
No separation between
state and religion
Islamic governments cater
for both body and soul of
citizens
Punishment is the last
resort for combatting
crimes
10. The Shari’ah approach to preventing
corruption
Institutional Frameworks
Hisbah institution
Focuses on correcting
citizens and directing
them to righteousness
Take away corruption
tempting factors from the
society
Controls economic
activities and prevent
cheating in business
Institution of Mazaalim
A public complaints
mechanism: focuses on
complaints against public
officers
Informally retrieves rights of
oppressed and weak
regardless of social status,
age, etc.
Monitors and prevents
public workers from looting
11. The Shari’ah approach to preventing
corruption
Institutional Frameworks
Zakat institution
To combat poverty and
ensure that every citizen
fulfils his basic needs
and survive economic
pressure
Enables poor and needy
to participate in
economic activities with
full responsibility
12. The Shari’ah approach to preventing
corruption
Institutional Framework
Waqf institution
For both social and
economic purposes
For building infrastructures
and basic amenities:
education, health care
services, environmental
preservation, cultural
preservation, research and
design, etc.
13. The relevance of the Islamic
approach in Nigeria
Nigerian Legal
Approach
• Confrontational
Approach
Shari’ah
Approach
• Collective
Action
Approach
14. The relevance of the Islamic approach
in Nigeria
Can adopt a
national policy
based on hisbah and
mazaalim
mechanisms
Can institutionalise
zakah and waqf
funds management.
Focus on
EMPOWERMENT not
PUNISHMENT
Fight against
corruption should be
rooted in the religious
and cultural values of
the society
Removal of immunity
clauses
15. The roles of the Muslim Youths in
preventing corruption in Nigeria
The best set of
mankind
Mutual cooperation
in enforcing
righteousness and
prohibiting evil
Peaceful advocacy
for positive change
(nasiha)
Resistance of internal
corruption.
16. Conclusion and Policy Recommendations
Shift in approach: Confrontational to
Collective action approach
Institutionalisation of zakah and waqf and
their integration into the economic system
Incorporation of hisbah and mazaalim
principles into the existing anti-corruption
structures
Review of non-justiciability and immunity
provisions in the Constitution.