Amina Lawal
Encyclopedia
Amina Lawal Kurami is a Nigeria
n woman. On March 22, 2002, an Islamic Sharia
court (in Funtua, Nigeria
in the northern state of Katsina
) sentenced her to death by stoning for adultery and for conceiving a child out of wedlock
. The father of the child was not prosecuted for lack of evidence and deemed innocent by the court without any DNA tests.
Her conviction was overturned and she has since remarried. Baobab for Women's Human Rights, an NGO based in Nigeria took up her case, which was argued by Nigerian lawyers trained in both secular and Sharia law. Amina's lawyers included Hauwa Ibrahim
, a prominent human rights lawyer known for her pro bono
work for people condemned under Sharia law.
In their successful defense of Amina Lawal, lawyers used the notion of "extended pregnancy" (dormant foetus), arguing that under Sharia law, a five year interval is possible between human conception and birth. (Two years prior to the date of her daughter's birth, she was still married to her husband.)
In May 2003, the official response of the Embassy of Nigeria in the Netherlands to the then Sharia-based trial of the State of Katsina in Nigeria, was that no court had given a stoning order on Lawal. They claimed the reports were "unfounded and malicious" and were "calculated to ridicule the Nigerian judicial system and the country’s image before the international community." They claimed no knowledge of such a case.
Ironically, Ambassador A.A. Agada of the Embassy of Nigeria in Washington D.C., U.S., was more forthcoming in recognizing the case of Amina and stated on 29 August 2003: "the Embassy wishes to inform that Malama Amina Lawal has three levels of courts of appeal before the final determination of her case. The Embassy hereby assures the general public that Malama Lawal's right to a fair hearing under the Nigerian Constitution is guaranteed. Therefore due appellate processes will be followed to ensure the rule of law".
The affair exposed civil and religious tensions between the Christian
and Muslim
regions of Nigeria. The sentence also caused widespread outrage in the West, and a number of campaigns were launched to persuade the Nigerian government to overturn the sentence. Several contestants of the Miss World
beauty contest, to be held in Nigeria in 2002, pulled out of the contest to protest against Amina Lawal's treatment. The Oprah Winfrey Show
had a special report on Amina Lawal and encouraged viewers to send protest e-mails to the Nigerian Ambassador to the United States - over 1.2 million e-mails ensued.
On August 19, 2002, Amina's first appeal against the stoning sentence was rejected by an Islamic court in Katsina State of Nigeria. The appeals judge stated that the sentence would be carried out as soon as Kurami weaned her daughter from breast-feeding.
A second appeal was put in motion and on September 25, 2003, Amina's sentence of death by stoning for adultery was overturned by a five-judge panel of Katsina State Sharia Court of Appeal on the grounds that she was not caught in the act of adultery and was not given "ample opportunity to defend herself".
Amina was the second Nigerian woman condemned to death by stoning for engaging in sex before marriage. The first woman, Safiya Hussaini
, had her sentence overturned in March 2002 on her first appeal. Sharia law was established in northern Nigeria's mostly Muslim state Zamfara in 2000 and has since spread to at least twelve other states. Under sharia law, pregnancy outside of marriage constitutes sufficient evidence for a woman to be convicted of adultery.
Nigeria
Nigeria , officially the Federal Republic of Nigeria, is a federal constitutional republic comprising 36 states and its Federal Capital Territory, Abuja. The country is located in West Africa and shares land borders with the Republic of Benin in the west, Chad and Cameroon in the east, and Niger in...
n woman. On March 22, 2002, an Islamic Sharia
Sharia in Nigeria
In Nigeria, Sharia has been instituted as a main body of civil and criminal law in 9 Muslim-majority and in some parts of 3 Muslim-plurality states since 1999, when then-Zamfara State governor Ahmad Rufai Sani began the push for the institution of Sharia at the state level of government.-States:As...
court (in Funtua, Nigeria
Funtua
Funtua is a Local Government Area in Katsina State, Nigeria. Its headquarters are in the town of Funtua on the A126 highway.It has an area of 448 km² and a population of 225,571 at the 2006 census.Funtua became a Local Government in 1967.The chairman is the official Head of Local government....
in the northern state of Katsina
Katsina State
Katsina State is a state in northern Nigeria. Its capital is Katsina, and its governor is Ibrahim Shema, a member of the People's Democratic Party...
) sentenced her to death by stoning for adultery and for conceiving a child out of wedlock
Legitimacy (law)
At common law, legitimacy is the status of a child who is born to parents who are legally married to one another; and of a child who is born shortly after the parents' divorce. In canon and in civil law, the offspring of putative marriages have been considered legitimate children...
. The father of the child was not prosecuted for lack of evidence and deemed innocent by the court without any DNA tests.
Her conviction was overturned and she has since remarried. Baobab for Women's Human Rights, an NGO based in Nigeria took up her case, which was argued by Nigerian lawyers trained in both secular and Sharia law. Amina's lawyers included Hauwa Ibrahim
Hauwa Ibrahim
Hauwa Ibrahim is a Nigerian human rights lawyer who won the European Parliament's Sakharov Prize in 2005. She was especially cited for her pro bono work defending people condemned under the Islamic Sharia laws that are in force in the northern Nigerian provinces, including her defence of Amina...
, a prominent human rights lawyer known for her pro bono
Pro bono
Pro bono publico is a Latin phrase generally used to describe professional work undertaken voluntarily and without payment or at a reduced fee as a public service. It is common in the legal profession and is increasingly seen in marketing, technology, and strategy consulting firms...
work for people condemned under Sharia law.
In their successful defense of Amina Lawal, lawyers used the notion of "extended pregnancy" (dormant foetus), arguing that under Sharia law, a five year interval is possible between human conception and birth. (Two years prior to the date of her daughter's birth, she was still married to her husband.)
In May 2003, the official response of the Embassy of Nigeria in the Netherlands to the then Sharia-based trial of the State of Katsina in Nigeria, was that no court had given a stoning order on Lawal. They claimed the reports were "unfounded and malicious" and were "calculated to ridicule the Nigerian judicial system and the country’s image before the international community." They claimed no knowledge of such a case.
Ironically, Ambassador A.A. Agada of the Embassy of Nigeria in Washington D.C., U.S., was more forthcoming in recognizing the case of Amina and stated on 29 August 2003: "the Embassy wishes to inform that Malama Amina Lawal has three levels of courts of appeal before the final determination of her case. The Embassy hereby assures the general public that Malama Lawal's right to a fair hearing under the Nigerian Constitution is guaranteed. Therefore due appellate processes will be followed to ensure the rule of law".
The affair exposed civil and religious tensions between the Christian
Christian
A Christian is a person who adheres to Christianity, an Abrahamic, monotheistic religion based on the life and teachings of Jesus of Nazareth as recorded in the Canonical gospels and the letters of the New Testament...
and Muslim
Muslim
A Muslim, also spelled Moslem, is an adherent of Islam, a monotheistic, Abrahamic religion based on the Quran, which Muslims consider the verbatim word of God as revealed to prophet Muhammad. "Muslim" is the Arabic term for "submitter" .Muslims believe that God is one and incomparable...
regions of Nigeria. The sentence also caused widespread outrage in the West, and a number of campaigns were launched to persuade the Nigerian government to overturn the sentence. Several contestants of the Miss World
Miss World
The Miss World pageant is the oldest surviving major international beauty pageant. It was created in the United Kingdom by Eric Morley in 1951...
beauty contest, to be held in Nigeria in 2002, pulled out of the contest to protest against Amina Lawal's treatment. The Oprah Winfrey Show
The Oprah Winfrey Show
The Oprah Winfrey Show is an American syndicated talk show hosted and produced by its namesake Oprah Winfrey. It ran nationally for 25 seasons beginning in 1986, before concluding in 2011. It is the highest-rated talk show in American television history....
had a special report on Amina Lawal and encouraged viewers to send protest e-mails to the Nigerian Ambassador to the United States - over 1.2 million e-mails ensued.
On August 19, 2002, Amina's first appeal against the stoning sentence was rejected by an Islamic court in Katsina State of Nigeria. The appeals judge stated that the sentence would be carried out as soon as Kurami weaned her daughter from breast-feeding.
A second appeal was put in motion and on September 25, 2003, Amina's sentence of death by stoning for adultery was overturned by a five-judge panel of Katsina State Sharia Court of Appeal on the grounds that she was not caught in the act of adultery and was not given "ample opportunity to defend herself".
Amina was the second Nigerian woman condemned to death by stoning for engaging in sex before marriage. The first woman, Safiya Hussaini
Safiya Hussaini
Safiya Hussaini Tungar Tudu is a Nigerian woman condemned to death for adultery in 2002. She gave birth to a child as a single woman in Sokoto, a Nigerian state under Sharia law...
, had her sentence overturned in March 2002 on her first appeal. Sharia law was established in northern Nigeria's mostly Muslim state Zamfara in 2000 and has since spread to at least twelve other states. Under sharia law, pregnancy outside of marriage constitutes sufficient evidence for a woman to be convicted of adultery.