I often wondered how it transpires everywhere around the world. Is there a clash of cultures and appreciation when it comes to the Constitutional Laws and Islamic Rites in the event of a Moslem dying under suspicious circumstances?
The circumstances of death do not necessarily need to be suspicious, however for better knowledge, records and information, it is customary for the Coroner’s Office to do an autopsy for these purposes.The Lagos State Government has recently passed a Coroner’s Law in respect of the duties and obligations of the Coroner in the certification of a death.
Unless informed otherwise, it is the duty and obligation of the Coroner’s Office to ascertain and confirm the cause of death of a person.
If there is a requirement of the deceased to be kept for a period of time, before release for burial, due to ongoing investigations, assuming there are suspicious circumstances and compelling reasons to do so, how are the Coroner’s law and duties applied in the event that the deceased is a Moslem and must be buried in direct accordance with the Islamic rules.
What are the rules of engagement regarding the requirement for an autopsy in the event of the death of a Moslem? Are there any such rules?
Does the Coroner’s Law defer to the Islamic rules and ensure that the body is not kept beyond the stipulated period regardless of the determination of cause of death?
How are deaths of Moslems by homicide acts handled for investigation purposes considering the looming rule of proper Islamic burial rites?
In a world constantly in conflict over religious misunderstandings and intolerance, it is important that issues are handled delicately and with respect and deference to the belief of others.
However, for conformity and stability, the laws of the land must also be seen to apply to all regardless of their beliefs and practices.
In a secular country like Nigeria, are there Constitutional Laws that are created on ‘middle-ground’ ideals to accommodate the secularity of the population?
There has been a lot of debate on the processes undertaken during the recent burial of Gani Fawehinmi, a great Nigerian and a Moslem. Gani Fawehinmi was not interred before the ensuing sunset following his death and was also displayed in a glass coffin, for public viewing and the payment of last respects. This has been deemed unusual for a Moslem.
Furthermore, Gani Fawehinmi was interred in what may be considered an elaborate coffin for a Moslem. While this may have no bearing on this particular debate, it shows only as an example of where there may be conflicting messages for a less knowledgeable audience.
The debates following Gani Fawehinmi’s death and burial have thrown up a hitherto unknown classification of a Moslem, the Modern Moslem. Important dignitaries in Nigeria have waded into the issue.
In the light of this and the evolution of the Coroner’s Law, like in Lagos State, the question is, how are or should these matters be handled and what gets deference, the Constitutional Law or the Islamic Rules?
D&R has no firm opinion on this but would welcome input on the our Islamic brothers and sisters, scholars and lawyers within its readership.
What do you think?
