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NSCIA Endorses Tax Reform Bills but Demands Removal of Provisions Violating Shari’a Law

The Nigerian Supreme Council for Islamic Affairs (NSCIA) has thrown its weight behind the tax reform bills currently before the National Assembly but has called for the removal of provisions that conflict with Shari’a law. The council, led by its President-General and Sultan of Sokoto, Alhaji Muhammad Sa’ad Abubakar III, made the demand during a public hearing organized by the Senate Committee on Finance.

In a memorandum submitted by Barrister Haroun Eze, Head of the NSCIA’s Legal Unit and Imam of the National Mosque, Abuja, the council emphasized the need for the bills to align with Nigeria’s constitutional provisions and Islamic legal principles. The NSCIA’s intervention comes amid ongoing debates over the proposed tax reforms, with Northern leaders and governors expressing concerns that the changes disproportionately benefit Lagos State and certain interests while potentially marginalizing other regions.

Constitutional Concerns and Shari’a Law

The NSCIA highlighted constitutional concerns regarding provisions in the bills that could undermine Shari’a law. Citing the 1999 Constitution (as amended), which provides for the establishment of Shari’a Courts of Appeal for Muslim personal laws such as marriage and inheritance, the council urged lawmakers to expunge any sections of the bills that conflict with these principles.

“The 1999 Constitution of the Federal Republic of Nigeria (as amended) provides for the establishment of Shari’a Courts of Appeal for Muslim personal laws, which include marriage and inheritance. Therefore, all sections of the bills that may directly or indirectly impugn on the law on Shari’a would be unconstitutional and should be removed,” the council stated.

Call for Inclusivity in Terminology

The NSCIA also recommended replacing the term “ecclesiastical” in a section of the bills with “religious” to ensure inclusivity and avoid perceptions of bias. “The term ‘ecclesiastical’ used in a section of the bills should be changed to ‘religious’ in order not to give the impression that it excludes some religious groups,” the memorandum read.

Support for Tax Reform with Conditions

Despite its concerns, the NSCIA reaffirmed its support for the passage of the tax reform bills, provided that its recommendations are taken into account. The council emphasized the importance of addressing the technical and socio-political issues raised by various stakeholders to ensure equitable outcomes for all Nigerians.

“As the representative of all Muslims across the country, the NSCIA recommends that all major technical and socio-political issues raised by different sections of the country should be diligently considered and equitably addressed to the satisfaction of all, or at least most, segments of the nation,” the council stated.

Commitment to Constructive Engagement

The NSCIA expressed its commitment to constructive engagement in national policy formulation and legislative reforms. “Taking all its recommendations into consideration, the Nigerian Supreme Council for Islamic Affairs recommends the passage of the bills. While we appreciate the opportunity to make this submission, the council remains committed to constructive engagement in national policy formulation and legislative reforms,” the statement added.

Ongoing Debate and Stakeholder Concerns

The tax reform debate is expected to continue in the coming weeks as lawmakers deliberate on the concerns raised by various stakeholders. The NSCIA’s intervention adds a significant voice to the discourse, highlighting the need for reforms that respect Nigeria’s diverse legal and religious frameworks.

The proposed tax reforms aim to modernize Nigeria’s tax system, improve revenue generation, and promote economic growth. However, the concerns raised by the NSCIA and other stakeholders underscore the importance of ensuring that the reforms are inclusive, equitable, and constitutionally compliant.

Conclusion

As the National Assembly considers the tax reform bills, the NSCIA’s recommendations serve as a reminder of the need to balance economic objectives with respect for Nigeria’s legal and cultural diversity. By addressing the concerns raised by the council and other stakeholders, lawmakers can ensure that the reforms contribute to a fairer and more inclusive tax system that benefits all Nigerians.

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