THE RIGHT OF WAY

2007

Muslims rightfully boast of Islam being a religion of peace, but that notwithstanding, are we? Throughout history from the rise of Islam in the 7^th century, Historians of various persuasions unanimously acclaimed the founder of the religion as an epitome of all things good. The leading Encyclopedia of our time, Britannica, authoritatively concludes that Muhammad (PBUH) was the most successful religious personality of all time. This certainly is no small feat considering the fact that the writers of that article and the organization that sponsor it were Christian oriented. Why would they do that? Simply because Muhammad was literally the “Living Qur’an”. He lived hundred percent according to the dictates of the book.

I am going to examine two things as it relates to the unislamic cultures we have incorporated into our psyche as part of our religion, and not for one moment considering it wrong. Whoever travels widely especially in Muslims land and was opportune to attend the Friday prayers, will, if observant notice one big difference with the way we conducted our Friday congregation. Yes the call to prayer (Adhan), the procession, the parade and the bowing and the prostrations were universal (No doubt about that). But elsewhere you will not see haphazard parking’s, road blockage and erratic lines. Even if mosque were located near major roads, traffic flow unhindered. Suppose you are travelling from Zaria through Kano to Daura and you are unfortunate to reached Kano by 12:30pm on a Friday afternoon then you have to be ready for no less than 4-5 road-blocks depending on your maneuverability. By 1:00pm you must stop at Kundila Junction, then less than two kilometers away another road-block at Zoo Road junction. If you went through Emir’s palace then at 2:15pm you have to wait again. Further down the route to Aminu Kano way you wait for another prayer at Isyaka Rabiu’s mosque. This might not be the end as two or three more mosques on a major highway awaits you at Kurna, Rijiyar Lemo and Bachirawa respectively. If at the moment you entered Kano someone is travelling at the opposite direction towards Zaria, he had a better chance of reaching Zaria (160km) than you crossing Kano (approx 20km).

The category of people exempted from Friday prayers includes the traveler, the very old, children, the sick ones and women (who were not actually exempted by religion but by culture as “Ibn 'Umar reports that the Prophet sallallahu alehi wasallam said: "Do not prevent the women from going to the mosques, although their houses are better for them." Fiqh-us-sunnah Hadith Vol. 2 No 50), besides our neighbors, the Christians and other religious affiliates. Those officially and unofficially (our women) exempted for performing the prayers, in most cases waited inside private cars and commuters under the scorching heat of our tropical sun unjustifiably. For those of us who happens to visit the Holy Ka’aba can remember how the Mutawwaf (The spiritual police) even harass those who sat along the path inside the holy shrine. The right of path is a fundamental right in Islam as God declares in Q20:53 “He Who has made for you the earth like a carpet spread out; has enabled you to go about therein by roads” This culture of blocking roads every Friday and causing inconvenience to Muslim’s and non Muslim is wrong and has nothing to do with how Islam taught. This situation is not only peculiar to Kano but pervasive in Northern Nigeria.

The second issue is about land encroachment, an ugly evil that is slowly becoming the norm in our set up. People usurp neighbors and public land without any regard for urban planning, which results into public inconveniences and endless judicial battles. Public land is so sacrosanct that in a Hadith reported by Abu Huraira says “The Prophet judged that seven cubits should be left as a public way when there was a dispute about the land” Bukhari Hadith Vol. 3 No 653. It should be noted that it was when there is dispute between individual that they should remit back some portion for public utility. Today you will see people usurping public land as if it is personal property. One incidence has unsettled me for quite sometime. Along the Kano eastern bye pass was an untarred road running parallel to the highway as the only access road for the newly curved-out plots behind Kano state College of Education by the state Government. To my utter dismay one morning I saw workers laying concrete across the untarred road to the edge of the highway (cutting it in two, blocking opposite ends, restricting access and usage) building a fuel station. To my relief some few weeks later there was a wooden flank pinpointing exactly the edges of the road with red lettering ordering the construction to stop by urban planning. After several weeks again, the wooden flank was gone, construction resumed and metal railings were put on the place were once the wooden flank halted construction. This is typical Nigerian situation, but my biggest surprise came when the construction was completed and there was a big signboard reading “SANI BROTHERS”

The prophet, as narrated by Salim’s father (i.e. Abdullah) said “"Whoever takes a piece of the land of others unjustly, he will sink down the seven earths on the Day of Resurrection." Sahih Bukhari Hadith Vol. 3 No 634. But should we wait for the day of resurrection? Authorities have the responsibility of protecting public property and I would like to appeal to the state government to do something, especially as it now embarks on the sanitization of Kano and its environs. Besides, are we not Shari’a compliance state?