Teenage Mother Sentenced To 180 Lashes For Childbearing - Bariya Ibrahim Magazu - Brief Article

"Bariya Ibrahim Magazu was convicted of zina (fornication) in September 2000, by the Shariah Court of Zamfara State, in northern Nigeria (enacted in June 2000) for being pregnant without being married. (Editor's Note: Zamfara State of Northern Nigeria, recently adopted Muslim/Sharia Law as State law.)

She was sentenced to 100 lashes to be carried out 40 days after the birth of the baby. She was sentenced to another 80 lashes for qadhf (false accusation of zina) when the court decided that there was insufficient evidence to identify the men she names as the possible father of her baby. The baby has been born and the sentence is due to be carried out on January 27, 2001.

Following reports of the case in Nigerian newspaper, BAOBAB for Women's Human Rights went to Zamfara State to investigate in November 2000. At this time Bariya and her family agreed to appeal and asked BAOBAB to assist them.

BAOBAB also saw the Governor of Zamfara State in November. He refused to consider executive clemency on the grounds that this would be detrimental to Islam. He also dismissed letters and protests from human rights groups (especially from the global North) as they are not Muslim or based on Muslim laws, and therefore unqualified to comment.

He has continued to maintain this stance, despite appeals from the federal government. However, the Governor agreed that he would be willing to consider arguments made in Muslim law. Currently a team of seven lawyers (all but one working pro bono) are filing an appeal and stay of execution on Bariya Ibrahim Maguzu's behalf, as well as undertaking research on grounds and argumentation for the appeal. This appeal is the first of its kind in Nigeria.

ADDITIONAL INFORMATION FROM BAOBAB: Ms Bariya Ibrahim Magazu lives in the village of Magazu, on the outskirts of the small town of Tsafe, about 45 minutes from Gusau the capital of Zamfara State. She was a hawker, selling the rice and fura (ground millet balls) made by her mother. Once it became obvious that she was pregnant, her uncles took her to the magaji (the district head in the village) who is related to the family. The Magaji asked her what happened i.e. who put her in this condition and she named the three men as responsible.

The District Head told BAOBAB that he then summoned the three men named. He questioned them extensively but they denied the charge. The Magaji told BAOBAB that all three men were married and newspapers state that the men were middle-aged. Enagadi (Islamist vigilantes) heard about the case and took the three men to the Police Station. They were arrested and spent three days in Police custody. They were later released as they continued to deny the charge.

The case was then referred to the Sharia Court in Tsafe. BAOBAB was refused access to court records. However, some of the court officials were willing to discuss the case.

The court convicted Bariya Magazu of fornication and sentenced her to 100 lashes after the birth of the baby. According to court officials this was simply on the basis of her being evidently pregnant and unmarried.

Bariya thinks she is thirteen or fourteen but she does not know for sure - newspaper reports put he age at seventeen. The judge in the case, amongst others, states that as long as she has started menstruating she is considered a full and responsible adult.

Apparently no witnesses were called to testify that she had consented willingly. Again according to newspaper reports, Bariya Maguzu stated in court that she was coerced into having sexual intercourse. Other reports state that this was at the instance of her father, who owed money to the three men.

Newspapers. report Bariya Magazu had called seven witnesses. However, court officials stated that the three men were acquitted because the witnesses' testimony was judged to be insufficient to prove that they had had sexual intercourse with her. The Islamic proof required was that at least 4 witnesses of good character testify that 'a hair could not pass between their bodies.'

Had any of the accused been found guilty, their crime would have been adultery, for which the punishment is stoning to death, since they were all married. The accused men were not required to swear to their innocence on the Qu'ran. The possibility of medical evidence (blood or DNA testing) was not raised.

Since the men were acquitted, Bariya Magazu was sentenced to an additional 80 lashes for false accusation of zina (adultery or fornication) against them.

As is usually the case at this level of court in Nigeria, neither Bariya, nor the men she named as possible fathers of her baby, had legal representation."

COPYRIGHT 2001 Women's International Network
COPYRIGHT 2001 Gale Group