Islam is a social religion—not simply in the sense that society instills sacred values into individuals, but in its aim to cultivate God-consciousness in both individuals and the community.
The Islamic state, therefore, is not an end in itself but a means to a higher purpose: building a society committed to equity, justice, and the defense of right over wrong. This vision fosters conditions enabling as many people as possible to live in spiritual, moral, and physical alignment with Islamic principles.
Islamic law emphasizes the protection of both public and private property as a fundamental duty. Specific penalties are outlined for the destruction of public property, regarded as a collective asset for the benefit of all—just as penalties apply to those who damage private property. Such destructive acts are discouraged, as they can destabilize society, provoke escalated government responses, and endanger lives.
These responses may also exploit vulnerable community members and innocent bystanders. Islam underscores the importance of justice, urging leaders to govern fairly and fulfill their responsibilities to ensure even the most vulnerable receive fair treatment.
This article examines a recent case in Northern Nigeria, where minors were charged by the federal government with 10 felony counts, including treason, destruction of property, public disturbance, and mutiny, in connection with the #EndBadGovernance protest. Reports indicate these minors spent nearly 93 days in prison without adequate care, appearing malnourished during court proceedings. However, I will focus solely on the Islamic perspective regarding the destruction of government property, examining the prescribed penalties and broader implications for justice and accountability within governance.
What Constitutes Public Property in Islam?Â
In Islam, public property refers to assets that are collectively owned by all Muslims, which individuals can benefit from but cannot privately own. These properties are divided into three main categories:
Public Utilities Essential for Daily Life: Resources such as water, pasture, and fire, which are fundamental to public well-being, fall under this category. Hadiths highlight that these assets are shared by all Muslims to meet essential needs. The Prophet Muhammad (peace be upon him) said, “People are partners in three: water, pasture, and fire.” This principle applies to other necessary resources that, if restricted, could disrupt societal harmony.
Resources That Cannot Be Privately Owned Due to Their Natural Formation: Certain resources, by their nature, are designated for communal use, such as large rivers, lakes, and major public roads. These are considered common rights of the community and cannot be limited to private ownership. The state, however, can manage these to ensure fair access for all.
Replenishable Minerals That Do Not Deplete: Minerals like certain types of gas or coal that are abundant and essential for ongoing public benefit also fall into this category. These resources, which continually replenish, are regarded as communal assets as they play a crucial role in public life, including fuel and electricity generation.
In both Islamic governance and in Nigeria, public assets—such as natural resources, utilities, roads, and infrastructure like water pipelines and electricity poles—are collective property meant for communal benefit. These resources contribute to the public treasury (Bait al-Mal in Islam) and are managed by authorities to promote social welfare. Islamic law and Nigerian policies both emphasize that misuse or destruction of public property is discouraged to uphold justice and maintain community welfare.
Consequences of Vandalism in Islamic Law
Vandalism and the defacement of public property are serious societal issues that extend beyond legal ramifications, as they directly conflict with Islamic principles. Vandalism is typically defined as an intentional act to damage or destroy property belonging to others (Ceccato and Haining, 2005) and is often committed without any personal gain (Fuellgrabe, 1980). This aligns closely with the Quranic prohibition against causing harm or mischief in a community. Allah commands,
“And do not do mischief on the earth, after it has been set in order, and invoke Him with fear and hope; surely, Allah’s Mercy is ever near unto the good-doers.” (Surah Al-A’raf, 7:56).
This verse underscores the responsibility to preserve public resources, which serve the community, as any act that damages them disrupts societal welfare and is seen as spreading corruption. Another relevant verse encourages the pursuit of good and condemns corruption, stating,
“But seek, through that which Allah has given you, the home of the Hereafter; and [yet], do not forget your share of the world. And do good as Allah has done good to you. And desire not corruption in the land. Indeed, Allah does not like corrupters.” (Surah Al-Qasas 28:77).
Acts of vandalism, from damaging infrastructure to defacing public facilities, not only result in financial loss but harm society’s well-being and public image. Factors such as negative media influences and a lack of moral and religious guidance contribute to these behaviors, particularly among adolescents. Thud, in places like the UK, vandalism is classified as criminal damage, and the sight of defaced public property leaves a negative impression on both residents and visitors. The costs associated with repairing vandalism could be better used for other public initiatives that benefit society as a whole. Addressing vandalism requires a concerted effort, involving education and the reinforcement of values that prioritize respect for communal assets and align with both legal and religious principles to protect the welfare of the entire community.
Warning against vandalism of public facilities
Aggression against public property—including state facilities and resources—is even more serious and damaging than aggression against private property. Not only is it forbidden in Sharia, but it also constitutes an offense against the entire community. Its impact is not limited to an individual but affects society as a whole. As a result, Islam imposes severe warnings against those who misuse public wealth in ways displeasing to Allah.
Khawlah al-Ansariyyah reported that the Messenger of Allah (peace and blessings be upon him and his family) said, “There are men who engage in unlawful dealings with Allah’s money, and they will have the Fire on the Day of Resurrection.” (Narrated by al-Bukhari).
The term “engaging in money” here implies using or altering public funds in ways that are prohibited. This includes any disposal of communal resources in a manner contrary to Allah’s laws. Ibn Hajar al-Asqalani explains in Fath al-Bari that it is inappropriate to deal with the wealth of Allah and His Messenger based on mere desires. He notes, “They dispose of the wealth of Muslims unjustly,” meaning that any improper handling of public wealth is condemned.
Destruction of public facilities is not only an attack on communal resources but also on values and morals that are irreplaceable. It constitutes corruption on earth, which Allah has explicitly forbidden. Allah says, “And do not cause corruption on the earth after its reformation” (Al-A’raf, 7:56), and He has warned that corruptors’ actions will bear no good. He further states, “And when he turns away, he strives throughout the land to cause corruption therein and destroy crops and animals. And Allah does not like corruption” (Al-Baqarah, 2:205).
Furthermore, Mufti Professor Dr. Shawqi Ibrahim Allam of the Egyptian Darul Iftah explains that jurists consider those who terrorize, destroy property, and harm public or private benefits in society to be guilty of “Hirabah,” or organized corruption on earth. The Quran prescribes severe punishment for such offenses: “The only reward of those who make war upon Allah and His Messenger and strive after corruption upon earth will be that they will be killed or crucified or have their hands and feet cut off on opposite sides or be exiled from the land. That will be their disgrace in this world, and in the Hereafter they will have a great punishment” (Al-Ma’idah, 5:33).
Thus, it is crucial to prevent acts of vandalism and damage to public property by imposing appropriate and deterrent punishments on offenders and those who support or encourage them, even subtly. Allah commands, “And cooperate in righteousness and piety, but do not cooperate in sin and aggression” (Al-Ma’idah, 5:2), and it is said, “He who guides to evil is like the one who does it.
Finally, Islamic law treats attacks on public property, such as vandalism, theft, or any form of destruction, as religiously forbidden and legally criminal. Perpetrators are considered sinful, and it is the responsibility of those in authority to administer deterrent punishments to protect society and its resources.
Case Study: The #EndBadGovernance Protest
The #EndBadGovernance protests in Nigeria, held from August 1 to 10, 2024, highlighted growing unrest over economic hardship and government accountability. Initially peaceful, the protests soon turned violent across major cities like Kano, Gombe, and Abuja, with clashes erupting between protesters, security forces, and even counter-protesters.
Protesters voiced demands for immediate economic relief, calling on the government to reverse recent fuel price hikes, reduce electricity tariffs, lower import duties, restore affordable tertiary education, and ensure more secure conditions for farming. They also urged the government to make staple foods more affordable, publicly disclose officials’ salaries, and establish an emergency fund for small businesses, which have struggled under recent economic pressures.
Violent incidents became more frequent as the protests progressed. In Abuja, clashes escalated around sensitive government areas, where security personnel used tear gas to disperse demonstrators. In response, protesters regrouped, blocking key routes and intensifying confrontations. Other cities experienced similar unrest. In Kano, protesters turned to looting, with reports of stores and public facilities targeted, while some individuals reportedly hoisted Russian flags, symbolizing frustration and seeking to make a broader statement against the government.
Public properties, including a newly constructed industrial park by the Nigeria Communications Commission, were vandalized. In Gombe, protests led to heated confrontations, with both demonstrators and security personnel sustaining injuries.
Thus, President Bola Tinubu acknowledged citizens’ rights to peaceful protest but raised concerns about criminal elements infiltrating the demonstrations. His administration described the protests as politically motivated and urged Nigerian youth to reconsider. However, local leaders and community organizations advocated for dialogue, emphasizing that resolving these grievances requires not only calm but concrete governmental action.
Unequivocally, the protests reveal the deep economic and political discontent among Nigerians, who are increasingly calling for meaningful reforms and transparent governance. As the government grapples with these demands, the events of August 2024 underscore the urgent need for change to bridge the widening gap between public expectations and governmental actions.
Overview of the Protests and Legal Proceedings
On November 1, 2024, 76 protesters from the #EndBadGovernance movement were arraigned at the Federal High Court in Abuja. Among them were minors, some visibly malnourished, as seen in a widely circulated video. The Inspector-General of Police, Olukayode Egbetokun, charged them with offenses including treason and incitement to mutiny by urging the military to remove President Bola Tinubu. All defendants pleaded not guilty.
The Inspector-General’s office denied allegations of mistreatment, asserting that medical care was provided as needed. Addressing the inclusion of minors, police spokesperson Muyiwa Ogunjobi clarified that Nigerian law allows individuals over seven years old to be arraigned. The court granted bail to the minors, and their case is set to resume in January. Reports indicate that many of these protesters, mostly minors, had been detained for over 90 days.
The Broader Context of Governance and Social Responsibility
Islam generally discourages protests due to their potential for unrest. However, Nigeria’s current economic hardship makes public demonstrations understandable. Protests occurred across the North and Southwest, with the Southwest remaining largely peaceful, while the Northern protests turned violent, possibly hijacked by criminal elements. This highlights a key Islamic concern: protests can quickly devolve into chaos and pose risks to lives.
To address public grievances and prevent unrest, the Nigerian government must prioritize justice, fairness, and transparency. Many citizens face severe economic strain, with rising job losses, business closures, and no relief in sight. While the government calls for patience, it must recognize that the disparity between officials’ privileges and citizens’ suffering can lead to calls for change.
Although Nigerian law permits arraigning minors, according police spokesperson Muyiwa Ogunjobi,, despite that they should be treated humanely. Public education on the value of public property is crucial, as vandalism harms the entire community and must be discouraged. Protests should respect others’ rights to abstain, and authorities should be present to prevent violence. While Nigeria’s constitution allows for peaceful protest, Islam encourages alternative ways of expressing grievances without inciting disorder. It is essential for both citizens and the government to prioritize peaceful means of addressing public concerns.
Conclusion
The #EndBadGovernance protests serve as a stark reminder of the socioeconomic challenges facing many Nigerians today. As citizens express their frustrations, it is imperative for the government to respond with accountability and compassion. By fostering open dialogue and understanding, Nigeria can work towards addressing the underlying issues that drive discontent, ensuring that the rights of all individuals are respected while also maintaining social order. It is only through such efforts that the nation can hope to build a more equitable and harmonious society.
By: Mustapha Ridwan Olamilekan
Mustapharidwan16@gmail.com
