XENOPHOBIA ATTACK IN SOUTH AFRICA: AN ISLAMIC LAW APPROACH

🎇NAMLAS ONLINE ACADEMIC DISCUSSION🎇

Topic - XENOPHOBIA ATTACK IN SOUTH AFRICA: AN ISLAMIC LAW APPROACH
Delivered by: AROMARADU ABDULKADIR SALIU

Assalãm Alaekum Wa Rahmotullah Wa Barakãtuhu

 A spirited effort has been made to explain what xenophobia is, position of Shariah on the exhibition and demonstration of such. The recent xenophobia attack in South Africa and  Nigeria's reactions and recommendations.
 XENOPHOBIA in Arabic parlance is referred to as "معادة الأجانب" The word xenophobia comes from the Greek ‘xenos’, meaning both the stranger and the guest, and ‘phobos’, meaning fear; therefore, the term literally means ‘fear of stranger.’  Anatole France was possibly the first person to use the term ‘xenophobia’ in Europe, in his novel Monsieur Bergeret à Paris (1901). The Merriam Webster Dictionary defines xenophobia as the collective “fear or hatred of strangers or foreigners or of what is strange or foreign" (Mish 1997). The definition could  incorporate ensuing aggression by a community against foreigners or non nationals such as immigrants, refugees and asylum seekers.

ISLAMIC APPROACH TO INTER HUMAN RELATIONSHIP:
One of the roles of Islam is to exalt human dignity and equality, and therefore, both the teachings of the Qur’an and the traditions of the Prophet Muhammad detest attitudes of hatred towards one another. As Muslims, not only as Nigerians, we are making a fervent humanitarian calls via this discussion on this platform to the recent outbreak of xenophobic violence like the instance  of brutality attack perpetrated against Nigerians in SA. The notion of equality between locals and non nationals or “all” people is established via the ayaht. Allah (SWT) say;
“O people! Verily, We created you from a male and a female, and made you  into nations and tribes so that you may know one another…”  (Q49:13).

"The believers are but brethren, therefore make peace between your brethren and be careful of your duty to Allah, that mercy may be on you (Surah Al-Hujraat verse 10).

"And one of His signs is the creation of the heavens and the earth and the diversity of your tongues and colors; most surely there are signs in these for the learned (Surah Ar-Room, Verse 22).
Hence, society is bound together by a common origin and includes a host of differences within its oneness without minding the disparities as to place of birth or tribes.
More so, apart from the aforementioned ayaht, Ahadith and similar textual examples which established the egalitarian relationship between Muslims and non-Muslims, nationals and non-nationals. Prophet (SAW) said;

“…Let people stop boasting about their ancestors. One is only a pious believer or miserable sinner. All people are children of Adam, and Adam came from dust” (as narrated in Abu Dawud and Tirmidhi).
This substantiates the equality of all people and enjoins spirit of tolerance and hospitality.

Furthermore, in another Hadith, it is said that,
“Humanity is the family of God, the best human being is kind to His (God’s) family” (as reported in Mishkat).
Thus, society is bound together by a common origin and comprised of a host of differences within its oneness. Consequently, the society should be extending helping hands to ‘foreigners’ just as they extend hands to their own family members.

During Khutbah Al-Wada‘ (farewell/final sermon) of the Prophet Muhammad, it was said by the holy Prophet (SAW)
“Arab has no merit over non-Arab” or nationals superiority over non-nationals; hence “all people are family.”
In the context of the above position;
I call on all Muslims across the globe including those in S.A to imbibe the teachings of Shariah in dealings with one another as it is highlighted and also not to fold their arms but they should let all hands be on deck in standing against xenophobic attack.
S.A should desist from perpetrating similar. Allah (SWT) says in Surah Al-Hujraat, Verse 9:
And if two parties of the believers quarrel, make peace between them; but if one of them acts wrongfully towards the other, fight that who acts wrongfully until he returns to Allah's command; then if he returns, make peace between them with justice and act equitably; surely Allah loves those who act equitably.
Regarding the recent xenophobic attack, there is no quarrel between both parties. The demonstrated belligerence came from one party alone. Diplomatic steps have been taken by the Nigerian Government by sending envoys, requesting compensation, all these were turn off; yet Nigeria switched to evacuation of her citizens, the evacuation was also frustrated. However, the interest of South Africa in Nigerian is adequately protected. Even though the president of South of Africa, Cryil Ramophosa dispatched envoy to Nigeria to deliver solidarity message and his people also come out massively to ask Nigeria for forgiveness today. This is good; yet a strong signal needs to be sent to them, like using the term “XENONIGERPHOBIA”, since the related violence/hatred was targeted against Nigerians.

As Muslims, we also have an added responsibility of protecting the vulnerable who have become victims of these unfortunate circumstances, and we should contribute towards relief efforts. We need to restore the dignity of these people because their pride has been trampled upon. I urge authorities and every individual to urgently take necessary steps to address this matter. All resources should be brought to bear to safeguard life and property for all.

CONSTITUTIONAL APPROACH
The nationals of the SA should endeavour to comply with their constitution that encourages non-national to reside in their country and promote spirit of hospitality. One of the main humanitarian provisions in the Constitution of South Africa revolves around the aspiration towards equality, human dignity and the advancement of human rights for everyone. Chapter 2 contains a Bill of Rights which outlines the various human rights that all the people in South Africa ought to enjoy. In addition, the Constitution’s preamble unequivocally states that “South Africa belongs to all who live in it ” without any reference to places of birth or citizenship status. Xenophobic attack in South Africa is not a completely new phenomenon.

Human rights are rights inherent in all human beings, irrespective of nationality, place of residence, sex, national or ethnic origin, colour, religion, language, or any other status. We are all equally entitled to our human rights without discrimination. Section 9 of the Bill of Rights stipulates that all people are equal and must be treated equally. Section 10 of the Bill of Rights states that “everyone has inherent dignity and the right to have their dignity respected and protected.” The constitution is anti-xenophobia but it is quite bewilderment to see that SA nationals refuse to promote the spirit of constitutionalism in their nation. This shows that the founding fathers of SA expect people from all nooks and crannies in their nation with full protection of life and property.

From the above discussion, it is safe to conclude that Islam frown at any act that will expose humanity to threat of inhuman treatment and degradation. Islam encourages and enjoins inter-human relationship with justice and fairness. Likewise, the very act of xenophobia attack does not have any place in grund norm of SA. The constitution also enjoins  tolerance and hospitality.
 On this note, we say we desire nothing but reform, this is how far  I am able to go on this topic, none but Allah is the direction of my affair to a right issue; on Him do I rely and to Him do I turn.

Praise be to Allah, the Lord of the worlds.
Surah As-Saaffat, Verse 180:
*سُبْحَانَ رَبِّكَ رَبِّ الْعِزَّةِ عَمَّا يَصِفُونَ

 Glory be to your Lord, the Lord of Honor, above what they describe.

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