Preventing Corruption in Nigeria: The relevance of the Islamic approach and the roles of Nigerian Muslim youth 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

“The day will come when our republic will be an impossibility because wealth will be concentrated in the hands of a few. When that day comes, we must rely upon the wisdom of the best elements in the country to readjust the laws of the nation” President James Madison

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

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.

Approaches to combating corruption Confrontational approach Psychological approach

Approaches to combating corruption Collective action approach

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

Nigerian Legal Approach towards combating corruption Constitution of the Federal Republic of Nigeria 1999 Code of Conduct Bureau and Tribunal Act Independent Corrupt Practices and other Related Offences Act (ICPC Act)

The Shari’ah approach to preventing corruption Legal Frameworks 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 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

The Shari’ah approach to preventing corruption Institutional Frameworks 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 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

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

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.

The relevance of the Islamic approach in Nigeria Nigerian Legal Approach Confrontational Approach Shari’ah Approach Collective Action Approach

The relevance of the Islamic approach in Nigeria Focus on EMPOWERMENT not PUNISHMENT Fight against corruption should be rooted in the religious and cultural values of the society Removal of immunity clauses Can adopt a national policy based on hisbah and mazaalim mechanisms Can institutionalise zakah and waqf funds management.

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.

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.

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