Islamic responses to the raging debate of child marriage in Nigeria.

Sulaiman, Kamal-deen Olawale

Abstract

Child marriage is one of the social problems that affect the integrity of some of the families in the Muslim communities now-a-day due to the challenges and problems that immature boys and girls face when they get married. This review paper discusses the issue of early marriage in the context of Islam and social processes with especial reference to Northern Nigeria. The paper draws heavily on Islamic literature to support some of the arguments that back up or discard some of the folks image relevant to child marriage in the Nigerian community that practice it.

The paper reveals that marriage in general is supported by Islam however; the age of marriage had not being specified in the hadith (prophet Mohamed's saying) or in Quran. Maturity rather than age-specific trend is mentioned in the Muslim texts as a sign of the wisdom attribute expected to be developed in boys and girls which is in turn necessary for both of them to carry out the marriage responsibilities and to avoid unfavorable physical, behavioral and social outcome that may be produced by child marriage.

Keywords: Child marriage, Islam hadith, conjugal contract, shariah law, Northern Nigeria

Introduction

The raging controversy on child marriage as it affects the review of the Nigerian constitution went to the floor of the National Assembly. It has also occupied a prime of place in cyberspace as the Nigerian social media has fully gone to town over it. Feminists and other activists have also exploited the scenario to lampoon Muslims and their institution of marriage (Unicef 2001).

Nigeria, particularly Northern Nigeria, has some of the highest rates of early marriage in the world (Westoff 2001; Tiemoko 2006.). In April, 2010, there was intense protest by the gender rights activists over the alleged marriage of Ahmed Sanni Yerima to a 13 year old Egyptian girl. It was a civil protest and there was petition to the Senate for punitive measure against Yerima (Hadi 2012). The same personality had earlier married a 15-year old child in 2006, who was subsequently divorced by him in 2008 (Daily Independent Newspaper, 2012). The episode of 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 above (Federal Republic of Nigeria 2012). 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" (Federal Republic of Nigeria 2012). In conclusion, child marriage as applicable to Senator Yerima conjugal contract with a 13 year old girl should not be a vehement subject of national criticism but a careful examination of Islamic provision for lawful marriage.

Concept of child marriage

The word child has been linguistically, sociologically, constitutionally and religiously defined and conceptualized by various experts and statutory institutions. For instance, a child is conceived as foetus or male or female or son or daughter newly born (Bhattacharya, 2004). 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 actions (Calves 1999).

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 Act (Akpan 1958). In the Nigeria milieu, concept of child's age is at variant with particular reference to statutory interpretation and determination of the circumstances of would be a child finds himself. For instance, 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 21 years (Sathar 2002). Child and Young Personal Law put the age of a child before he reaches 14 years (Mikhail 2002).

In another closely related concept, child marriage in a generic synthesis of the conceptual analysis is a conjugal contract conducted between a boy and a girl before the age of 18 (Jenson & Thornton 2003). 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) (Ali 1978). In Islamic jurisprudential matters, "Tiflu" and Sabiy": 'Infant' and 'boy' are used and referred to as those who have not reached the age of maturity (Azeez 2012). 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. 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

Northern Nigeria has some of 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 law (Funmi 2014, pp.4-5; Okeke, Nzewi & Njoku, 2008). To further complicate matters, Nigeria has three different legal systems operating simultaneously civil, customary, Islamic and state and federal governments have control only over marriages that take place within the civil system (Tonja 2008). 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 husbands (Population Council, 2012). (One study of Demographic and Health Survey data suggests that the lower the age at marriage, the higher the risk of domestic violence (Child and Forced Marriage 2012).

A high prevalence of child marriage exists Nationwide, 20 percent of girls were married by age 15, and 40 percent were married by age 18 (Bello & Erulkar 2010). Child marriage is extremely prevalent in some regions; in the Northwest region, 48 percent of girls were married by age 15, and 78 percent were married by age 18 (Charles and Charles 2004). Although the practice of polygyny is decreasing in Nigeria, 27 percent of married girls aged 15-19 are in polygynous marriages (Anyanwu 1993).

Virtually, only 2 percent of 15-19-year-old married girls are in school, compared to 69 percent of unmarried girls (Alabi and Alabi 2012 & Togunde and Carter 2006). 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 all (Jenson & Thornton 2003). Large spousal age differences are common and may limit married girls" autonomy and decision making ability. 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 20 (Igube 2010; Tahir 2005). 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 marriages (Offorma 2008).

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 education (Ogundipe 2007) .

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, 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 favours (Kabir 1990).

In some parts of the ancient Yoruba land such as Ibadan, Oyo, Offa etc. parents were given approval 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 became mature (Peregrino 2010). Specifically, the ancient florin people used to reciprocate good gestures among themselves. This is usually expressed through the release of their daughters in marriage occasionally to some deserving 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 sang to accompany the new bride;

   Iyawo sara re e,
   a o mo ibi ti yoo sele sii" (Peregrino 2010)
   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. Such situations led to the manifestation of weariness in matrimonial union and has accounted for incessant and indiscriminate divorce rate.

In conclusion, child marriage as applicable to senator Yerima conjugal contract with a 13 years old girl should not be a vehement subject of national criticism but a careful examination of Islamic provision for lawful marriage. All the vital requirements have been examined under the Islamic concept of marriage. However, Islam recognizes the concept of full age of a female when she menstruates and this has not been restricted to a particular age factor (Ishola 2014).

The causes of child marriage in Nigeria

The practice of early marriage has its own historical background. In the olden days the country contributed significantly to the institutionalization of the practice. In recent times, 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:

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.

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 marriage (Adebambo 2010).

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 burdens (UNICEF 2005; Mathur & Malhotra 2003).

Notions of morality and honour

Dominant notions of morality and honour are important factors encouraging the practice of child marriage. These are influenced great 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 many 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.

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 (Mathur & Malhotra 2003).

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 at the age-category of 10-14 are five times more likely to die in pregnancy or childbirth than women aged 20-24 and girls aged 15-19 is 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 menarche (Diana 2006).

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 (Mathur & Malhotra 2003). 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, are factors contributing to her vulnerability to major risk factors for infections of sexually transmitted diseases. As such 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 husbands (Kabeer 2005; Umashankar 2006).

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 (Naana & Sonita 2003, p. 10).

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 (Tonja 2008).

A lack of education also means that young brides often lack knowledge about sexual relations, their bodies and reproduction, exacerbated by the cultural silence surrounding these subjects. This denies the girl the ability to make informed decisions about sexual relations, planning a family, and her health, yet another example of their lives in which they have no control. The cyclical nature of early marriage results in a likely low level of education and life skills, increased vulnerability to abuse and poor health, and therefore acute poverty (Bunting 1999).

Psychological and social consequences

It is a huge responsibility for a young girl to become a wife and mother and because girls are not adequately prepared for these roles this heavy burden has a serious impact on their psychological welfare, their perceptions of themselves and also their relationship (Singh and Samara 1999).

Women who marry early are more likely to suffer abuse and violence, with inevitable psychological as well as physical consequences. Studies indicate that women who marry at young ages are more likely to believe that it is sometimes acceptable for a husband to beat his wife, and are therefore more likely to experience domestic violence themselves(Singh and Samara 1999). Violent behaviour can take the form of physical harm, psychological attacks, threatening behaviour and forced sexual acts including rape. Abuse is sometimes perpetrated by the husband's family as well as the husband himself, and girls that enter families as a bride often become domestic slaves for the in-laws (UNFPA 2004).

Early marriage has also been linked to wife abandonment and increased levels of divorce or separation and child brides also face the risk of being widowed by their husbands who are often considerably older. In these instances the wife is likely to suffer additional discrimination as in many cultures divorced, abandoned or widowed women suffer a loss of status, and may be ostracized by society and denied property rights(Singh and Samara 1999; UNFPA 2004).

Islamic concept of marriage and its validity

Marriage is a conjugal contract prescribed by Allah on every able Muslim at the age of puberty. The ability herein emphasized is in terms of sanity, manhood and sustainability of the marriage as applicable to the spouses.

The Qur'an indicates maturity and sound judgment as marriageable level. It does not specify certain age limit for marriage neither the hadith, perhaps because Allah has created every human being with his or her own uniqueness. Some grow tall while some are short; some are fair and some are dark, some attain maturity earlier than the other. Physical characteristics vary depending upon the genes and the environment in which one grow. The Qur'an 4:6, it says as displayed by the English translation of the meaning and commentary version of the Quran:

And test the orphans (in their abilities) until they reach marriageable age/puberty (baligty; then if you perceive in them sound judgement, (rushdah) release their property to them. And do not consume it excessively and quickly, (anticipating) that they will grow up. And whoever, (when acting as guardian), is self-sufficient should refrain (from taking a fee); and whoever is poor let him take according to what is acceptable. Then when you release their property to them, bring witnesses upon them. And sufficient is Allah as Accountant (The Holy Quran).

From this verse, the stage at which Islam recommends marriage is majority and sound judgment (baligh and rushdah]. While majority could be said to mean attainment of menstrual period, development to full womanhood; sound judgment is attained with some level of education, whether formal or informal. Here, the ability to discern the implication of marriage, as well as to being able to carry out the responsibility of a wife and a mother is very important. The element of having a mature intellect is the ability to understand that one has choices, and the ability to choose the preferential option. The fact remains that a child does not know about the intricacies of marriage and the burden of bearing a child. Even if under any pretense to subvert this proviso by any desperado, there are four basic conditions that must be met before marriage is established in Islam. These are (1) proposal and acceptance (al-Ijaab waalqubuul), proposal by the groom and acceptance by the prospective bride. This emphasizes the importance of the consent of the parties involved in marriage contract and such Islam disapproves marriage conducted under duress, (2) approval by both parents (ridaa waalidayn), this should be male who is the father or any other male accredited representative. (3), payment of a dowry by the groom ( al-mihr) and (4) the presence of at least two male witnesses at the ceremony (shaahidayn 'aadilayn) (Nabia 1985, p. 7).

The import of these conditions is that the female has the right to accept or reject marriage proposal. Her consent is a prerequisite to the validity of the marriage contract in Islam. If the marriage of a girl is arranged without her consent, then such a marriage may be annulled if she so wishes. For instance, Ibn Abbas reported that:

A girl came to the Messenger of Allah, and she reported that her father had forced her to marry without her consent. The Messenger of Allah gave her the choice between accepting the marriage or invalidating it (Herman 1988, p. 563).

In all of the classical legal opinions, the age of majority was equated with attaining puberty and demonstrating adequate mental development. Let even assume that a minor may not know the implication of what she was giving her consent to. And in the case where the girl having attained maturity and sound judgment declines her interest in marrying the man, the marriage becomes annulled. Note also that it is only after the bride attains maturity, or sound judgment to be able to handle her own property that she can receive her dowry; (sadaak) just as it is also stated that without dowry, no marriage is established. It points to the fact that the injunction of the Qur'an on maturity and sound judgment must be properly established. Again, another point of note is that even as the Qur'an did not fix the age of marriage, it does not support the marriage of girl who has not attained maturity. Marriage institution is meant to be an abode of solace for both parties choice of spouse is at ones liberty.

Islamic rulings on child marriage

As earlier discussed in the forgoing, there is no maximum or minimum age limit prescribed in the Qur'an or Hadith for marriage it is left to people's discretion. This varies from girl to girl; one girl may be ready at the age of nine, and another may not be ready even at 25. With regard to this, Siddiqi (undated) says:

   Islam has laid down no age limit for puberty for it
   varies with countries and races due to the climate,
   hereditary, physical and social conditions. Those
   who live in cold regions attain puberty at a much
   later age as compared with those living in hot
   regions where both male and female attain it at a
   quite early age (p. 25).

On the other hand, Islam gives equilibrium right to both genders on the choice of marriage spouse. The woman has the right to choose her husband according to Islamic law. However, the role of guardianship (Waliyy) has been grossly abused and overlapped the woman's choice of marriage in some communities. Guardianship is much emphasized in the case of woman's marriage than their male counterparts. The importance of guardian's roles is further elaborated by Abd al-Ati to show the position of Islamic law on the freedom of a woman in marriage contract:

.... it is the woman who needs a guardian because she is usually said to lack experience in practical affairs and hence, may be intrigued into commitments contrary to her interests. For these and similar reasons, Muslim, scholars argue that a woman requires a guardian to protect her interests, safeguard her moral integrity and maximize the probability of a successful marriage, but they all agreed that he must take her wishes into consideration. When abuse occurs, there are laws to remedy the situation (Abd Al-Ati 1963 p.103).

The significant focus of this paper is marriage of minors or the underage children and the author described how Islam does not specifically recommend age limit for marriage. Child marriage can be revoked on complaint by the victim even if sanctioned by the guardian. Whenever, the marriage of a minor occurs in view of certain circumstances, consummation of such marriage is expected to be delayed until the spouses attain maturity (Abd Al-Ati 1963). A girl's choice of marriage partner is determined by her Waliy's overriding authority of Ijbar. Ijbar is the authority vested in the guardian or Waliy of a lady to decide her husband. This may be necessary when a girl is engaged in unbridle licentious act or other circumstances. This is recommended by Maliki School of Law. It is precautionary measure to protect the girl from abomination and vilification. The girl has freedom to challenge the validity of the marriage when she reaches age of puberty (Nabia 1985).

Discussion cones and pros of early marriage

However, early marriages are originally recommended for Muslims; is to preserve the chastity of youths. Delay of marriages is very helpful for Shay tan (Satan). When a girl reaches the level of maturity (physically and psychologically), it is recommended to marry as soon as possible. Allah has created human beings with sexual desires. The urge for sex can be very strong, especially in adolescence and in most cases, (the urge) must be satisfied, either in a halal (legal channels as accepted by Islam) way or in a haram way (illegal channels as non-prohibited by Islam). The desire for such satisfaction has made young boys and girls engage in actions that are unthinkable. Vibrators and other sex toys are everywhere in our neighborhood. That said, no one need to tell somebody how rampant premarital sex is in schools. Teenage pregnancies are nothing new, and so is abortion and the health risks those innocent girls are subjected to.

Early marriage doesn't mean that the spouses could not be mature and responsible, the Qur'an hints saying: "If you find them of sound judgement." (The Holy Quran, Q4: 6) That means puberty or marriageable age is not enough to be qualified for marriage. If a son is capable to run a household life and he is able to maintain mentally, psychologically and financially and everything of his wife, then early marriage is the only way to keep children away from haram.

The Prophet strongly emphasized that it is the responsibility of a father to ensure that his daughters get married as soon as possible. This is in order that the woman may not fall into fornication as a result of not being able to marry.

It should be mentioned that from an Islamic point of view, many problems in society today can be traced back to the abandonment of early marriage. Most people confuse early marriage with the marriage of a girl who is not capable (what some refer to underage marriage). However, there is a difference between the two. The reference in Qur'an 4:6 has stated Rushd (intellect) as a vital condition for a girl to be married.

Conclusion

This paper examined the Islamic views on child marriage, the Islamic concept of marriage and its validity and Islamic rulings on child marriage. It was also looked at the current status of child marriage in Nigeria, the causes, consequences and Islamic rulings on child marriage. The paper revealed that, Nigeria, particularly; Northern Nigeria has some of the highest rates of early marriage in the world. It also shows that, Islam has not fixed a certain age for marriage perhaps because Allah has created every human being with his or her own uniqueness. There is no question that marriage with infant babies and young children is forbidden in Islam. Islam has laid down no age limit for puberty for it varies with countries and races due to the climate, hereditary, physical and social conditions. Those who live in cold regions attain puberty at a much later age as compared with those living in hot regions where both male and female attain it at a quite early age. 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.

Note on contributor

Kamal-deen Olawale Sulaiman (Ph.D), Islamic Civilization and Contemporary Issues, Department of Religious Studies, Ekiti-State University.

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