Sunday, September 6, 2020 7:16 pm
In the manner the Ayatollah Ruhollah Khomeini of Iran passed fatwa on Salman Rushdie over his book, Satanic Verses, in the past, Mallam Aliyu Muhammed Kani, Hausawa Upper Sharia Judge, Kano, on 10 August 2020, passed a death sentence on Yahaya Shariff Yahaya for blasphemy.
The case was instituted by the police through a First Information Report (FIR) on the allegation that Sharif “made a blasphemous statement against Prophet Mohammed (PBUH) in a WhatsApp Group which is contrary to section 382 (B) of the Kano State Shari’a Penal Code Law 2000.
This court registered the FIR as provided under section 126(a) of ACJL Kanon State 2019 and arraigned the Defendant under section 129(7) ACJL and the Defendant pleaded GUILTY to the charge.”
In fact, Governor Abdullahi Umar Ganduje of Kano State three his weight behind the verdict at a stakeholders’ meeting over the issue.
In his words:
“What happened is so important to the state and to the security of the state and the nation in general. What the Court did is absolutely right. And we support it completely. Such an irresponsible act, if not because of the state power, nobody could know what would happen in the future,” he said.
“The man who did that, confessed to be a follower of a particular Islamic Sect. But the adherents of those Sect rejected him right away. So we need to understand the importance of this judgement. We are lucky that Scholars maintained that it wasn’t a case for a particular Sect, but rather of one who just decided to derail.
“I will not waste time in signing the warrant for the execution of the man who blasphemed our Holy Prophet of Islam.”
Below is the full judgement
UPPER SHARI’A COURT HAUSAWA, KANO
PRESIDING HONOURABLE JUDGE
MALLAM ALIYU MUHAMMAD KANI
COMMISSIONER OF POLICE
SHARIF YAHAYA SHARIF
I Aliyu Muhammad Kani Hausawa Upper Sharia Judge Kano hereby found you guilty for the offence of blasphemy against Prophet Mohammed (PBUH) contrary to section 382 (B) of the Kano State Shari’a Penal Code Law 2000 (which carries death sentence) and I convict you accordingly.
COURT: You have anything to say that may mitigate your sentence?
ACCUSED: I seek for mercy.
COURT: are you under influence of drugs?
This case was instituted by the police through an FIR on the allegation that one Sharif Yahya Sharif made a blasphemous statement against Prophet Mohammed (PBUH) in a WhatsApp Group which is contrary to section 382 (B) of the Kano State Shari’a Penal Code Law 2000.
This court registered the FIR as provided under section 126(a) of ACJL Kanon State 2019 and arraigned the Defendant under section 129(7) ACJL and the Defendant pleaded GUILTY to the charge.
The court further re-read the full allegations to the Defendant and he admitted committing the offence, but said it was a mistake he made.
In Sharia Law, there are ways of establishing guilt of a Defendant and among them are 2 witnesses or a voluntary confession. The Sharia provides that whoever makes a voluntary confession, that confession becomes binding on him.
The statement of the Defendant that he did the blasphemy by mistake will not avail him according to sharia law authorities.
Based on the above authorities, I rely on the case of DAN SHALLA VS STATE (2007) 12 MJSC53, the Court held that “The trite position of the law under sharia is that whoever insults, defames or utters words or acts which are capable of bringinging into disrespect …….such a person has committed a serious crime which is punishable by death.”
Accordingly, I sentence you to death by hanging.
RIGHT OF APPEAL
Any aggrieved party may appeal this judgment from today 10th August 2020