ISLAMIC RESPONSES TOTHE RAGING CONTROVERSY OF

CHILD MARRIAGE IN NIGERIA

By

Kamal-deen Olawale SULAIMAN (Ph.D)

Department of Religious Studies

EkitiStateUniversity, Ado-Ekiti, Nigeria

E-mail:

Tel: +2348068298472.

Abstract

The current global waves in gender equity and pursuance of liberation of women from socio-cultural shackles have brought early/child marriage into global limelight. Sociologists, counselors, anthropologists, health experts, public affairs analysts as well as scholars in religious Studies has made intellectual strive in this direction to address the bane of child marriage. This paper, therefore, intends to examine the Islamic views on child marriage with a view to addressing misconceived Islamic rulings or practices. It also examines the Islamic concept of marriage and its validity, the current status of child marriage in Nigeria, the causes, consequences and Islamic rulings on child marriage. The method of research is purely from written sources including documents, monographs, manuscripts, books, journals, internet, magazines as well as the Holy Qur’an and Hâdîth. The paper revealed that, Islam has not fixed a certain age for marriage perhaps because Allah has created every human being with his or her own uniqueness. It is also, revealed that, in Nigeria, particularly northern Nigeria has some of the highest rates of early marriage in the world. The paper argued that, Islam cannot be linked with the raging controversy of child marriage. The paper made recommendations based. on Islamic ideals to curb the unethical practices associated with early child marriage and it is concluded that, there is no question that marriage with infant babies and young children is forbidden in Islam.The paper made recommendations basedon Islamic ideals to curb the unethical practices associated with early child marriage.

Key Words: Children, Guardianship, marriage contract, guardian, Islamic law, freedom

Introduction

The raging controversy on child marriage as it affects the review of the Nigerian constitution has been on the floor of the National Assembly for days. The discussion occupied a prime place in the media1.

Nigeria, particularly Northern Nigeria, has some of the highest rates of early marriage in the world2.In April, 2010, there was intense protest by the gender rights activists over the alleged marriage of the former Governor of Zamfara State in Northern Nigeria, Ahmed Sanni Yerima to a 13 year old Egyptian girl. It was a civil protest and there was petition to the Senateof Federal Republic of Nigeria for punitive measure against Ahmed Sanni Yerima3. The same personality had earlier married a 15-year old child in 2006, who was subsequently divorced by him in 20084. The episode of Ahmed Sanni Yerima's marriage with a 13-year old girl generated hot debates in Nigeria. The people who held opinion against child marriage were critical of the view in line with section 29 (4) of the constitution of the Federal Republic of Nigeria which defines "full age" to mean age of eighteen years and above5. The concept of child marriage is further explained in section (4) (b) of the constitution as: "woman who is married shall be deemed to be of full age"6.Ahmed Sanni Yerima has justified his act within the ambit of Islam thereby to acquiring debates on the position of Islam on early marriage. There then emerged the tendency to view Islam as a supports of this kind of act.

The questions arising then are: what is the position of Islam on early marriage? What is the practice in Nigeria, particular the Northern part? And what does Qur’an say about it?

Concept of Child Marriage

The word child has been conceived as foetus or male or female or son or daughter newly born7. A child is also an infant or a young person between his birth and maturity (puberty) or somebody within the statutory age specification as not responsible for his actions8.

The English Children Act of 1958 defines a child as a person who has not reached the age of 18 or who has not satisfied the educational age requirement of 16 years according to 1944 Education Act9. Under Labour Act, a person under the age of 16 years is a child. The law of contract emphasizes the age of a child before 21years10. Child and Young Personal Law put the age of a child before he reaches 14 years11.

Another closely related conceptischild marriage which means a conjugal contract conducted between aboy and a girl before the age of 1812. By implication,child marriage is applicable to both genders. Therefore, child marriage is a marriage of children and adolescents below the age of 18.

In Islam, the Islamic law employed a broad concept of al-Walad to embrace both son and daughter without age specification. The concept: child (Walad)is synonymously used to denote infant, kid or young ones as reflected in the various passages of the Holy Qur'an (2:16, 17:111, 10:58 and 23:91)13.In Islamic jurisprudential, "Tiflu" and Sabiy": `Infant' and `boy' refer to those who have not reached the age of maturity14.Therefore, from the Islamic point of view, a child is somebody who has not attained the age of maturity. There is no unanimity of opinions among Islamic scholars concerning the age that determines maturity for a child. This is because there are differences in human physiology, and also, there could be variables relating to the different parts of the world. There are some people whose eating habits and environmental factors aid their physical development faster than some other people from other regions whose maturity are delayed. But one can say that somebody could be said to have attained the age of maturity in Islam when such a person is seen to be manifesting physiological organs and attributes showing womanly features; and for a man, the changes you observe are the teenage years. While child marriage is a marriage of children and adolescents who has not reach puberty.

Child Marriage in Nigeria

The northern part of Nigeria is regarded as having the highest rates of early marriage in the world. The Child Rights Act, passed in 2003, raised the minimum age of marriage to 18 for girls. However, federal law may be implemented differently at the state level, and to date, only a few of the country’s 36 states have begun developing provisions to execute the law15. To further complicate matters, Nigeria has three different legal systems operating simultaneously civil, customary, and Islamic and state and federal governments have control only over marriages that take place within the civil system16. Domestic violence is a widespread problem; some studies report that up to 81 percent of all married women admit experiencing some form of verbal or physical abuse by their husbands17. (One study of Demographic and Health Survey data suggests that the lower the age at marriage, the higher the risk of domestic violence18.)

A high prevalence of child marriage exists Nationwide, 20 percent of girls were married by age 15, and 40 percent were married by age 1819. In the Northwest region of Nigeria, 48 percent of girls were married by age 15, and 78 percent were married by age 1820. Although the practice of polygyny is decreasing in Nigeria, 27 percent of married girls aged 15-19 are in polygynous marriages21.

Research shows that only 2 percent of 15–19-year-old married girls are in school, compared to 69 percent of unmarried girls22. Some 73 percent of married girls compared to 8 percent of unmarried girls received no schooling, and three out of four married girls cannot read at all23. Large spousal age differences are common and may limit married girls’’ autonomy and decision making ability The younger a bride is, the greater the age difference between her and her spouse. In Nigeria, the mean age difference between spouses is 12.0 years if the wife marries before age 15, compared to 8.5 years if the wife marries at or after age 2024. Spousal age differences are even greater when the girl is a second or third wife. In polygynous marriages, the mean age difference between spouses is 15.3 years, compared to 8.8 years in monogamous marriages25.

Also, in Nigeria, 39% of girls are married off before their 18th birthday. 16% are married before they turn 15. The prevalence of child marriage varies widely from one region to another, with figures as high as 76% in the North West region. Importantly, education is a strong indicator of whether a girl will marry as a child. 82% of women aged 20-24 with no education were married by the age of 18, as opposed to 13% of women who have at least finished secondary education26.

The marital crises in Kano-State Nigeria are often associated with mild understanding of the Islamic principle of marriage; some marriage procedures or tradition are not compatible with Islamic law because of its precedent over Shariah recommendations in marriage. Conjugal relations who were even approved by Waliyy (Guardian or parent) is designed for ulterior motives or egocentricism. These permeated the indigenous customs which are contrary to Islamic rulings. Observations revealed customary legal causalities in the marriages conducted in Kano because of the pre-planned affluence inclination. Women are rather chosen on the basis of her youthfulness as a teenager or virginity or beauty. A man is also given a bride offer not necessarily on the basis of piety but because of his affluence or social status. Thus, parents, in most cases exchanged their daughters in marriage for wealth or social and political favours27

In some parts of the ancient town in Yorubaland of western part of Nigeria such as Ibadan, Oyo, Offa etc, parents were givenapproval for daughter in law for marriage to their son after seeking betrothal of such young child. However, such marriage was not consummated until the prospective spouses become mature28. Specifically, the ancient Ilorin people used to reciprocate good gestures among themselves. This is usually expressed through the release of their daughters in marriage occasionally to some Muslim male members of their community whom they thought had impacted their lives in one way or the other.

Although this might be done with good intention, the bride loses right of consent and does not have interactive avenue with her prospective husband. The prospective husband might not be familiar with the prospective wife. This is evident in the usual song to accompany the new bride;

Iyawo sara re e,

a o mo ibi ti yoo sele sii" 29

Meaning:

"This is the (new) bride,

We do not know her destination (yet)".

The above analysis of marriage contract of young females is not in strict consonant with Islamic principles. This has led to manifestation of weariness in matrimonial union. This has accounted for incessant and indiscriminate divorce rate.

However, Islam recognizes the concept of full age of a female when she menstruates and this has not been restricted to a particular age factor31.

The Causes of Child Marriage in Nigeria

The practice of early marriage has its own historical background. In the olden days the elites used marriage as a means to establish or strengthen relationships with the bride’s or bridegroom’s family to ensure social, economic or political benefits. At times, marriage was also used to ease tensions between two quarreling families. The urgent need to cement the relationship or realize the envisaged benefit precluded waiting until the children reached puberty. This practice established a very early marriage age as a norm in many parts of the Nigeria. The exact age of entrance into marriage depends on local established norms and values, and varies from place to place. However, the following are the major reasons why child marriage occurs

i. Poverty and economic transactions

Poverty is a critical factor contributing to child marriage and a common reason why parents may encourage a child to marry in Nigeria. Where poverty is acute, a young girl may be regarded as an economic burden and her marriage to a much older sometimes even elderly - man is believed to benefit the child and her family both financially and socially.

In communities where child marriage is practiced, marriage is regarded as a transaction, often representing a significant economic activity for a family. A daughter may be the only commodity a family has left to be traded and sometimes girls can be used as currency or to settle debts. A girl's marriage may also take place as a perceived means of creating stability. In uncertain times, poor harvest conditions or war, a family may believe it is necessary to ensure the economical 'safety' of their daughter and family, through marriage32.

In Nigeria the monetary value of bride price, or bride wealth, is linked with marriage.

Bride price is a sum, either in cash or kind, used to purchase a bride for her labour and fertility.

In the context of poverty, the practice of paying bride price can encourage early marriage.

Young girls, a resource with which their parents can attain greater wealth, are married off a young age, for the bride price and also as a way for parents to lessen their economic burdens33.

ii. Notions of morality and honour

Dominant notions of morality and honour are important factors encouraging the practice of child marriage. These are influenced greatly by the importance placed on maintaining 'family honour' and the high value placed on a girl's virginity. It is considered that shame would be cast on a family if a girl was not a virgin when she marries. Therefore, in order to ensure that a girl's virtue remains intact, girls may be married earlier, in order to ensure their virginity. Young girls may also be encouraged to marry older men, due to the perception that an older husband will be able to act as a guardian against behaviour deemed immoral and inappropriate.

Consequences of child marriage

There are numerous detrimental consequences associated with Child marriage, with physical, developmental, psychological and social implications.

i. Physical consequences

When a child bride is married she is likely to be forced into sexual activity with her husband, and at an age where the bride is not physically and sexually mature this has severe health consequences.

Child brides are likely to become pregnant at an early age and there is a strong correlation between the age of a mother and maternal mortality. Girls ages l0-14 are five times more likely to die in pregnancy or childbirth than women aged 20-24 and girls aged 15-19 are twice as likely to die. Young mothers face higher risks during pregnancies including complications such as heavy bleeding, fistula, infection, anaemia, and eclampsia which contribute to higher mortality rates of both mother and child. At a young age a girl has not developed fully and her body may strain under the effort of child birth, which can result in obstructed labour and obstetric fistula. Obstetric fistula can also be caused by the early sexual relations associated with child marriage, which take place sometimes even before menarche34.

Good prenatal care reduces the risk of childbirth complications, but in many instances, due to the limited autonomy or freedom of movement, young wives are not able to negotiate access to health care. They may be unable to access health services because of distance, fear, expense or the need for permission from a spouse or in-laws. These barriers aggravate the risks of maternal complications and mortality for pregnant adolescents.

Child brides may also suffer vulnerability to HIV/AIDS. Being young and female in Africa is a major risk factor for infection and young girls are being infected at a considerably disproportional rate to that of boys. Whilst early marriages are sometimes seen by parents as a mechanism for protecting their daughters from HIV/AIDS, future husbands may already be infected from previous sexual encounters; a risk which is particularly acute for girls with older husbands. The age disparity between a child bride and her husband, in addition to her low economic autonomy, further increases a girl's vulnerability to HIV/AIDS. It exacerbates the abilities of girls and women to make and negotiate sexual decisions, including whether or not to engage in sexual activity, issues relating to the use of contraception and condoms for protecting against HIV infection, and also their ability to demand fidelity from their husbands35.

ii Developmental consequences

Child Marriage also has considerable implications for the social development of child brides, in terms of low levels of education, poor health and lack of agency and personal autonomy. The Forum on Marriage and the Rights of Women and Girls explains that 'where these elements are linked with gender inequities and biases for the majority of young girls… their socialization which grooms them to be mothers and submissive wives, limits their development to only reproductive roles'36.

Whilst girls in Nigeria are already less likely to go to attend school than boys, particularly in poorer households, the non-education of the girl child is a problem compounded by child marriage, with studies showing a strong correlation between a woman's age at marriage and the level of education she achieves. Large numbers of the girls who drop out of school do so because of early marriage, leaving many women who married early illiterate. Early marriage plans can also discourage a girl's parents from educating their daughter because they believe that a formal education will only benefit her future family in law.