Islamic law sanctions marriage based on maturity not age - Ahmad Sani

By Henry Umoru
ABUJA- SENATOR Ahmad Rufai Sani, ANPP, Zamfara West Wednesday said that under the Islamic law, a girl was considered ripe for marriage based on her physical and mental maturity and not necessarily age, just as he stressed that situations could arise where a very big girl was ready for marriage at age 14, 15, 16 as obtained in other countries.

According to him, the 1999 Constitution does not in any way provide for any specific age when a girl could be married, but was quick to add that the same constitution stipulates that any girl aspiring to be married must attain a full age.

Speaking Wednesday in an interview on the ‘Kakaaki’ aired programme by the African Independent Television (AIT), Senator Ahmad Sani who denied backing the child marriages during the clause by clause voting on the report of the Senator Ike Ekweremadu led Constitution review, said insinuations that he supported child marriage during the exercise were untrue, misleading and however attributed that entire criticisms to what he termed, the handiwork of mischief-makers.

According to him, the constitutional provision in the 1999 Constitution was in consonance with the Islamic law which states that for a girl to be married, she must have attained the age of maturity and puberty, adding, “What is the criteria for defining maturity or otherwise of a girl?

‘’The Nigerian constitution didn’t say 18 years. There is no definition in the Nigerian constitution; any woman who is married is of age. You see in Islamic law, once a girl reaches the age of puberty and she is matured she is of full age and she is ready for marriage.

[caption id="attachment_406021" align="alignnone" width="412"] Senator Ahmed Yerima[/caption]

“And once she is married, she is of full age. And that is why the constitution recognises Islamic law and made that provision. So if you say you are going to remove that provision, you are going against and counter to Islamic law.

“So under Sharia law, any country that practices Sharia, age is not a defining factor for marriage.’’

Commenting on international conventions that pegged the age at which a girl can be married at 18 and to which Nigeria was a signatory, the former governor of Zamfara State noted that such international conventions were inferior to the constitutional provisions of the affected country, adding that once a convention was in conflict with the constitution of any country, the constitution naturally must prevail.

Substantiating his argument, the lawmaker  explained that the United Kingdom which is a signatory to the same convention, an age limit of 16 to be eligible to engage in sexual intercourse.

“Today as I am talking to you now let me tell you the consent for girls to have sex is 13 and 14. In Spain it is 13. They all signed these conventions. The conventions are not anything to go by once your constitution makes provisions.

“Under sharia law, you have to be physically and maturely developed.

So if she (a girl) is not the age of 18, Islam does not accept child marriage as you define it. Child marriage is a girl that is not matured, has not reached the age of puberty, she is a minor and it is not age. You can have a very big girl who is ready for marriage at age 14, 15, 16 just as is obtained in other countries. Maturity is defined by her physical appearance, by when a girl starts menstruation for example, she is matured.’’

Senator Sani who also said that under Islamic law, a widow has the right to inherit the property of her late husband no matter her age, declared that “in fact, there is a formula (written); you see as far as Islamic law is concerned Islam has a code of conduct. It has every provision.’’

The Senator who gave an example of his first wife who was 16 years when they got married her at the age of 16 and his second wife, an Egyptian, who was 14 when he married her, said, “It is not the age as far as Islamic law is concerned, it is the maturity and age of puberty.

These issues are all matters of faith. As I said, some people are talking out of ignorance or out of sheer mischief. I am a Muslim and Nigeria is a multi-religious society. That is why our constitution makes ample provision for Sharia law, common law and for customary law.

“So we are expected to live together, appreciate the differences we have and understand ourselves. I should respect the views, aspirations and feelings of Christians and the Christian is expected to respect my own religious faith. If I believe in something and this is the doctrine of Islam, I mean a non-Muslim should not bother to find out why I should believe in that.

“Recently, I saw in Al Jazeera that the present Pope said gays should be allowed freedom in society, whatever it means but the Chairman Christian Association of Nigeria (CAN) said he was going to march to the Senate if we approve gay marriage. So these are matters of interpretations.

“In Islamic law, we don’t have problem of interpretation, we have a written law and from the inception of this law every item is clearly defined.

“So in Nigeria today, what is lacking is people do not understand their laws. Some people thought that Senator Yerima  decided to introduce new things into the constitution, not knowing that this item is in the constitution. Those who put it there were very sensitive on the issues of our faith – as Muslims and they respect our feelings and  aspirations of Muslims.

‘’If you remove the definition of full age, you remove the woman. Like I said if a Moslem woman marries somebody who is not a Nigerian and you want her to live with him, with his own family with the children they have in his own country and you want her to be a citizen of his country and the country does not accept dual citizenship and she is not a kid and you do not make that provision for women; married women what does she do?

“She should wait in Nigeria until she is 18, even though she is married? So it is not even the issue of marriage, not the age of marriage but people are changing the debate to be talking about the marriage of minors.

“Islamic law does not accept for the marriage of a girl that is not matured, a girl that is not of age. This is where we have problem. Islamic law does not recognise age. We recognise maturity and puberty and you can see this from the physical appearance of the girl.

Maturity of mind, maturity of body, maturity of size, everything put together. It is not because of age.

“When I was looking at the UK law they put the age of consent for a girl to have sex or boyfriends at 16; for a homosexual they started with 21, they reduced it to 18, now they are reducing it to 16.

My argument is that somebody who is not a Muslim would not appreciate what is Islamic law. In Islamic law, we don’t use our sense to say well this is what we have to do. We are all guided by what our creator has said we must do. As far as we Muslims are concerned, we have no option, no choice.

“The Child Rights Act based on the Second schedule, Part 1, Section 61 is unconstitutional in relation to Islamic law and customary law. An Igbo woman who marries based on tradition and culture cannot be

prosecuted under the Child Rights Act because the constitution specifically said the National Assembly can make laws for the formation and annulment of marriages excluding marriages under Islamic law and customary law because Islamic law has some specific rules and regulations.

“The Child Rights Act affects only those who conduct their marriages under common law in Nigeria today. The right is valid, it is constitutionally enacted but it affects only when you go and conduct your marriage in the church.’’

On slippery slope to legalised paedophilia

By Emmanuel Edukugho
The Yerima Doctrine: When a girl has seen her menstruation, develops breasts and has pubic hair, she is mature to be married.

Not many people would have thought a time would come when paedophilia would be celebrated in Nigeria. But that seems to be the case with the Senate's much-touted bid to legalise child marriage.

[caption id="attachment_406021" align="alignnone" width="412"] Senator Ahmed Yerima[/caption]

Specifically, the Senate voted in support of a resolution to amend the provisions of Section 29 (4b) of the 1999 Constitution. Section 29 (1) states: “Any citizen of Nigeria of full age who wishes to renounce his Nigerian citizenship shall make a declaration in the prescribed manner for the renunciation.”

Subsection (4a) states: “Full age means the age of 18 years and above,” while (4b) says: “Any woman who is married shall be deemed to be of full age.” But with the proposed amendment, a married underage girl of 10, 12, 13 or less is deemed to be an adult.

Despite the Senate's plans to expunge the section which makes a married woman an adult, the proposal did not sail through because proponents could not get the 2/3 majority vote required.

"We wanted to remove it but failed. We were a total of 101, 85 voted and about six or so abstained There was hardly any dissenting vote, but it got mixed up with so many issues and didn't get the required 73 votes anymore," said Senate President David Mark.

That situation was, however, shortlived. At the intervention of some powerful Northern senators, with Senator Sani Yerima as the arrowhead, things changed. Yerima, former governor of Zamfara State, is alleged to have married a 13-year-old Egyptian girl.

“Yerima brought religious sentiments to the Senate, misled the Senate, intimidated everyone for the northern senators of Islamic faith to have their way. I was in Kano and Katsina and saw girls in hospital with Vestico Vaginal Fistula (VVF) abandoned with stench and their lives at stake, due to early pregnancy,” said Mustapha Mohammed, a political analyst on radio.

Senator Yerima had argued against Subsection 4a of the 1999 Constitution because the Islamic law permits marriage to girls below 18 years. Under the said law, underaged married girls are adults by virtue of marriage.

Some days after, it dawned on one of the Senators who voted for the resolution, Ayo Akinyelure, that he had been misled. The senator claimed he thought he was voting against child marriage, and wept while explaining his predicament to his constituents at a Town Hall meeting in Akure, Ondo State.

His words: “I can never support such a barbaric and wicked bill. I am sorry for this costly mistake. I actually voted in error. I can never support a bill which is not only retrogressive in nature but will also subject the girl child to pain and anguish.”

While the global and national quest for girl child education gathers momentum, the Senate seems to be throwing a spanner in the works by passing a resolution that could stultify women empowerment.

Indeed, many feel the country will be in peril if the practice of taking underaged girls as wives gains ground. After all, many of the female ministers gracing the President's cabinet would not have assumed such lofty positions if they had been given out in marriage as early as 12 or 13 years old.

Dr. Ngozi Okonjo-Iweala, Minister of Finance and Co-ordinating Minister for the Economy, when asked on a radio programme about the Girl Child Marriage Bill, seemed to be against it.

“I am a woman and totally support empowerment of women. Letting girls go to school is good for the family. Health improves, education improves. There is no sentiment about this. Research studies have shown that to educate girls is the best way out of poverty,” she asserted.

Meanwhile, the Child Rights Act 2003 which defines a child as “anyone who is below the age of 18 years,” also guarantees universal free education to every child, including girls. The law stipulates five years' imprisonment for any person who marries a girl under 18 years and prohibits child labour.

In the same vein, Article 1 of the United Nations Convention on Rights of the Child, to which Nigeria is signatory, defines a child as “every human being (male or female) below the age of 18 years” and stipulates that the education of the child shall be directed to:

*The development of the child’s personality, talents, mental and physical abilities to their fullest potential.

*The development of respect for human rights and fundamental freedoms, and for the principles enshrined in the Charter of the United Nations.

Similarly, the African Charter on the Rights and Welfare of the child stipulates in Article 11 that (1) Every child shall have the right to education.

It recommends the preparation of the child for responsible life in a free society, in the spirit of understanding, tolerance, mutual respect, equality of sexes, and friendship among all peoples, ethnic, tribal and religious groups.

At a World Conference on Women held in China (Beijing), it was determined that equality of access to and attainment of educational qualifications are necessary if more women are to become agents of change. The literacy of women is key to improving health, nutrition and education in the family and empowering them to participate in societal decision-making.

All of that notwithstanding, discrimination against girls regarding access to education persists in many countries including Nigeria, owing to customary attitudes, early marriages/pregnancies, sexual harassment and inadequate schooling facilities.

Child Marriage:Ex-Gov Saraki’s wife seeks amendment of constitutional provision

By Sola Ogundipe

Wife of former Kwara State governor and founder-President of The Wellbeing Foundation Africa, WBFA, Mrs Oluwatoyin Saraki, has called for an  urgent  amendment of Section 29 (4) (b) of the Constitution of the Federal Republic  of  Nigeria,  1999  (as  amended), legalizing child marriage.

In a position statement on the resolution of the Senate to retain provisions of the Section in question, Saraki pointed out that the constitutional amendment was desirable for  clarification  purposes, and  to eliminate all forms of equivocation that can and will promote the continued abuse of girls through child marriage.

In the statement signed by the WBFA Executive Director, Mr Temitayo Erogbogbo, the body  expressed  grave  concern over the Senate’s resolution which, it said, disenfranchises girls  and  women,  and encourages  child  marriage which robs girls of a good education,  optimal  health, opportunities  for  socio-economic empowerment and violates their  rights  to  security  and protection from all forms of physical and mental abuse.

“Section 29 (4) (b) contradicts conventions that the Federal Republic of Nigeria is a signatory to, which  profess,  as  commitments, the protection of the rights of girls and women  from all forms of  abuse, neglect  or  discrimination, as well as providing  the best-available opportunities  for  self-actualization  and fulfillment, through education and other means,” the statement said.



“The  evidence  is  clear  that  child  marriages  deny  girls  of an opportunity to complete an education,  thereby directly diminishing their chances at a good life. In line with the Foundation’s long-standing policy we shall continue to strive for improved well being of the girl-child  by  protecting  their  rights to  security;  protection  from  all  forms  of  physical  and  mental abuse; education;  health; and social  and  economic  empowerment, irrespective  of  their  religious  or  cultural backgrounds.”

Calling for the rejection of any form of stigmatization  of  married minors, as well as seeking exceptional and increased protection of child rights and citizenship benefits for all existing married minors, the statement said,“ We look to the House of Representative of the Federal Republic of Nigeria to support our call to action to this end.” According to the WBFA, child marriages are detrimental to a girl’s health, by a direct effect.  “Young girls, by virtue of the fact that their bodies are not yet fully developed, run a high risk of developing complications in  pregnancy  and  childbirth,  compared  to women. Such complications include prolonged and  obstructed labour, bleeding,  and  even  death.  Girls  who  are  married  young  are also more vulnerable to contracting sexually  transmissible infections  (STIs),  including  HIV/AIDS”.

The statement observed that chain reaction that results  from a mother’s ill-health  also  have  direct  effects on income-generation, especially in  Nigeria  where  the  informal sector, mainly driven by women and girls, has contributed largely to household income.

“Therefore, there is an  urgent  need  for  the  amendment  of Section  29  (4)  (b)  of  the  Constitution  of  Nigeria,  if  the government must keep to its word of ensuring good health and economic prosperity for its people”