By Salihi Adamu Takai
The northern part of Nigeria was known to be a place where religion existed prior to the advent of colonialism. The people who existed in those days embraced religion through Arab Merchants. The light of religion made the region delve into the ocean of knowledge. They were able to read and write using Ajmi for their written communication. They had knowledge of Islam.
The early spread of Islamic religion in the northern part of Nigeria also gave the region traditional rulers. The system was very similar to the democratic system, which had a separation of powers. The kingmakers functioned as members of the parliament.
Despite the powers of the colonial masters, when they introduced indirect rule in 1900 – 1906, they could not change the people’s faith in the North. They only had the power to rule the traditional rulers using their sophisticated weapons. The Northern people diligently remained with their Islamic Faith. The mission did not brainwash them.
Therefore, as time went on, in 2000, some of the Northern Governors united themselves and relied on the provision of the 1999 Constitution of the Federal Republic of Nigeria, section 38, and called for Sharia in some states of the North. The states included Zamfara, Kano, Katsina, Jigawa, and Sokoto. Sharia was instituted. This helped codify the Penal Code in the northern parts of Nigeria. It contains some laws applicable to Muslims.
Due to the adoption of Sharia in some states of the northern parts of Nigeria, Hisba came into force. Hisba was instituted to support the existence of Sharia in the areas in which it has jurisdiction.
Hisba is an Arabic word that means “an act performed for the common good, or with the intention of seeking a reward from God.”
The Hisba operation or the concept of Hisba got its justification from the Book of Almighty Allah, the Qur’an, Chapter 3: 104. Allah says, “Let there arise from you a group calling to all that is good, enjoining what is right and forbidding what is wrong.”
Also, the Prophet (SAW) says: “Whoever sees a wrong, let him change it with his hand, and he can’t be able, let him change it with his tongue, and if he can’t be able, let him change it with his heart; and that is the weakest faith.”
The 1999 Constitution of the Federal Republic of Nigeria, by virtue of section 38, protects the right to religion, and the Muslim community is also protected from practising their religion in the way they can satisfy the Order of their Lord. Section 4(5) of the Constitution of the Federal Republic of Nigeria empowers the House of Assembly of a State to make law for the respective people of that state. Thus, an organisation like Hisba is instituted and created by the State through the State House of Assembly.
Therefore, Hisba, as it’s defined, only exists within the Muslim community. It is being instituted to proclaim all that’s good, enjoin what is right, and forbid what is wrong.