Sharia Law: Child Marriage And Adult Consent

Child marriage is a human rights violation that affects millions of girls worldwide, threatening their health, safety, and livelihoods. In some countries, cultural traditions and religious interpretations of Sharia Law, or Islamic Law, are used to justify the practice. While many Muslims and Islamic scholars agree with the internationally recognized age of maturity, 18, some conservative interpretations of Sharia Law argue that girls can be married once they reach maturity, which is defined as puberty. This lack of clarity on a minimum age for marriage has led to legal and societal challenges in addressing child marriage in countries like Nigeria and Pakistan, where the practice remains prevalent and deeply rooted.

Child marriage in Nigeria

Nigeria has the third highest number of child brides globally, with an estimated 3,538,000. Child marriage is prevalent in the Sharia-implementing states of Northern Nigeria, where deep-rooted customary practices and interpretations of scripture, which make no mention of a minimum age for marriage, continue to perpetuate and legitimize the practice. Legislators in these states have rejected the Child's Rights Act (CRA), citing "Islam's lack of age requirement" as justification for child marriage.

The CRA, enacted in 2003, is Nigeria's most comprehensive federal child protection law. It defines a child as a person under the age of 18 and prohibits practices such as child marriage. However, the CRA has not been adopted by all states, with the 10 northern states that follow Sharia law refusing to adopt it due to its conflict with their religious beliefs. These states have the highest rates of child marriage in the country, with 48% of girls in the region married by the age of 15 and about 78% by the age of 18.

The challenging interplay between the CRA and Sharia law is the main impediment to abolishing child marriage in Nigeria. While the CRA aims to protect the rights of children and ensure their best interests, Sharia law allows for child marriage by considering a girl's maturity, marked by the onset of puberty, as the criterion for marriage rather than a fixed age. This interpretation of scripture, along with deep-rooted cultural traditions and poverty, has led to the continued practice of child marriage in these states.

To end child marriage in Nigeria, a concerted effort is needed from the government, religious and community leaders, civil society organizations, and other stakeholders. The government should work towards reconciling Sharia-based laws with the CRA to ensure uniform protection of girls' rights across the country. Additionally, education and awareness campaigns are crucial in changing societal norms and beliefs that contribute to child marriage. Empowering girls through education and economic opportunities can also help reduce the incidence of child marriage by providing them with alternatives and making them less vulnerable to coercion.

There has been some progress in recent years, with the government and various organizations committing to ending child marriage by 2030 through collective action, collaboration, and the implementation of additional policies and resources. However, the practice remains widespread, particularly in the poorest households, rural areas, and among girls with little or no education.

The Child's Right Act

The Child's Rights Act of 2003 (CRA) is a federal law in Nigeria that guarantees the rights of all children. The CRA defines a child as a person under the age of 18. The act specifies that the "best interests of the child" should be central to all actions, and it outlines several rights and protections for children. These include the right to protection from dangerous or exploitative labour, sexual exploitation and abuse, and harmful drugs. The CRA also prohibits child marriage and betrothal, and it provides for punishment for these offences.

The CRA has been adopted by 24 to 26 out of 36 states in Nigeria as of 2019, with the remaining states, particularly in the north of the country, refusing to adopt it due to conflicts with Sharia law. In these Sharia-implementing states, legislators have rejected the CRA's age restriction, citing "Islam's lack of age requirement" as justification for child marriage. Interpretations of scriptures, which make no mention of a fixed age of marriage for girls, are used to legitimize the practice. As a result, the rights of girls in these states, particularly in relation to marriage, are not adequately protected, leading to health complications and developmental issues.

To reconcile the divergent perspectives between Sharia-based laws and the CRA, some states have introduced competing child protection laws that omit the CRA's age restriction. For example, Jigawa recently introduced a bill that does not place any restriction on the age of marriage to align with the culture and religion of the Muslim Hausa-Fulani tribe, among whom child marriage is common.

The push for national adoption of the CRA continues, with prominent leaders speaking out on its importance. However, it is an ongoing challenge to abolish girl-child marriage in Nigeria's plural and multi-religious society. To effectively address this issue, the Federal Government must find a way to harmonize Sharia-based laws with the CRA and ensure the protection of children's rights across all states.

It is worth noting that the issue of child marriage is not unique to Nigeria and is widespread in developing countries, disproportionately affecting girls and violating their human rights. International conventions, such as the United Nations Convention on the Rights of the Child, have been established to protect the rights of children globally and define eighteen as the age of adulthood.

Sharia law and puberty

In the context of Sharia law, the concept of "puberty" is significant when discussing the legality of marriage, particularly in the case of minors. According to classical Islamic law, an individual must have attained puberty to be considered legally eligible for marriage. The physical signs of maturity that indicate the onset of puberty are the emission of semen for boys and menstruation for girls.

The interpretation of "puberty" in Sharia law has been used to justify child marriages in some communities. For example, in Nigeria, the Child's Right Act (CRA) of 2003 outlaws child marriage and defines a child as a person under the age of 18. However, the CRA has not been adopted by all states, particularly those in the largely Muslim north, where Sharia law is the primary source of law. Legislators in these states often cite "Islam's lack of age requirement" and interpretations of scriptures to legitimize child marriage and reject the CRA.

The option of puberty, also known as "khayar-ul-bulugh" in Islamic law, plays a crucial role in marriage contracts. This legal provision allows an individual who was below the age of puberty to either affirm or nullify the marriage upon reaching puberty and understanding the implications of the marriage contract. This concept is deeply embedded in Islamic law and aims to protect minors from being forced into marriages without their full understanding or consent. It ensures that individuals can make informed decisions about their marital status once they are capable of doing so.

However, the interpretation of puberty as the threshold for marriage under Sharia law has been controversial and has sparked debates within Islamic scholarship. While some conservative scholars define puberty as the onset of maturity, allowing for child marriages, many Muslim communities and Islamic scholars agree with the internationally recognized age of maturity, which is 18. Additionally, many Muslims argue against child marriage because Islam emphasizes the importance of mutual consent, and children may not have the capacity to choose their partners freely.

The conflicting perspectives between Sharia law and the CRA in Nigeria highlight the challenges in abolishing child marriage, particularly in societies with diverse religious and cultural beliefs. While Sharia law permits child marriage based on interpretations of puberty, it is essential to consider the potential harm caused by this practice. Child marriage endangers the lives and livelihoods of girls, violates human rights laws, and stunts their educational and economic opportunities.

Human rights violations

Child marriage is a human rights violation that endangers the lives and livelihoods of children, particularly girls, and threatens stability and economic development. International conventions prohibit child marriage and define 18 as the age of adulthood. These laws are based on the argument that children and adolescents are not mature enough to make choices about marriage, and that marrying too young can lead to lasting emotional, physical, and psychological harm. Child marriage also stunts girls' educational opportunities and income-earning prospects, perpetuating poverty and inhibiting progress toward national and global development goals.

In some countries, such as Nigeria, the lack of a uniform law prohibiting child marriage due to conflicting religious and cultural beliefs has led to human rights violations. The Child's Right Act (CRA) in Nigeria, enacted in 2003, prohibits child marriage and defines a child as a person under the age of 18. However, the CRA has not been adopted by all states, particularly those in the Muslim-majority north, where Sharia law is the primary source of law. Interpretations of scriptures in Sharia law, which make no mention of a fixed age of marriage, are used to legitimize child marriage and reject the CRA. This has resulted in higher rates of girl-child marriages and adverse health consequences in these states.

Islamic law, as applied in British Sharia Councils and Tribunals, has been criticized for violating various provisions of international human rights conventions and British law. The rules regarding marriageable age and guardianship make child marriages and forced marriages possible, and the divorce, maintenance, and custody rights discriminate against women. These councils and tribunals are often used by women seeking a religious divorce, but their existence is considered a violation of women's rights by those advocating for reform.

While some Muslims argue that Islam permits child marriage upon reaching maturity (puberty), there is debate within Islam about the age of maturity. Many Muslim communities and scholars agree with the internationally recognized age of maturity, which is 18. Additionally, some Muslims argue against child marriage as Islam mandates free choice in selecting partners, which children cannot exercise.

Forced marriages

While there is no explicit age requirement for marriage in Islamic law, or Sharia law, many Muslim communities and Islamic scholars agree with the internationally recognized age of maturity, which is 18. In classical Islamic law, puberty—marked by the emission of semen for boys and menstruation for girls—is considered the age of maturity. This interpretation of scripture has been used to legitimize child marriage in countries like Nigeria, where 26 out of 36 states have adopted the Child's Right Act (CRA) of 2003, which outlaws child marriage. The remaining 10 states, located in the largely Muslim north, have refused to adopt the CRA, citing conflict with Sharia law. As a result, an estimated 22 million child brides reside in these states, with 48% of girls in the region married by the age of 15 and about 78% by the age of 18.

In the UK, British Sharia Councils and Tribunals have been criticized for enabling child marriages and forced marriages. Under Islamic law, a woman is considered a minor controlled by her male guardian before and after her marriage. The lack of a minimum age requirement, along with rules regarding guardianship, has been cited as a violation of international human rights conventions and British law, which uphold the principles of equality and consent in marriage.

In the United Arab Emirates (UAE), Islamic marriages are conducted by UAE Judicial departments, Sharia courts, or authorized marriage officers. While the legal age for marriage is 18 Hijri years, exceptions can be made with a judge's approval. The UAE government encourages Emirati men to marry Emirati women and permits Muslim men to marry non-Muslim women, while requiring proof of conversion to Islam if a Muslim woman wishes to marry a non-Muslim man.

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