A Social-Legal insight into Child Marriage and Islam under Covid-19 Pandemic in Nigeria

Abstract

Islam is a regulative dogma that guides adherents. There is respect for children under Islam; however, female children are discriminated against on issues concerning marriage. All children, regardless of gender, deserve the protection of their fundamental human right as stipulated in various international, regional and domestic laws against child marriage. COVID-19 pandemic has acerbated forced into early marriage impinging rights of female-children to attain their fullest potential. The fusion of basic Islamic principles and traditional practice of under-aged marriages prevents their protection under the Penal Code in comparison with recently enacted Child Rights Act (CRA). While there is no express prohibition in Islam against child marriage, female children have right of marriage refusal in principle (talaq). However, patriarchy, innocence, parental domination, COVID-19 induced poverty, often makes that choice non-existence. Child marriage is illegal in federal and southern states, the illegality becomes ineffective due to refusal of most northern states to adopt the CRA or abide by international and regional conventions that protect early children's marriages. Using doctrinal methodology, the paper begins with the historical concept of child marriage in Islam within the current socio-political situation of abduction of female children and educational backwardness of most northern Nigerian states. The philosophy of Islamic and socio-cultural attitudes to child marriage follows, then an examination of extant laws on child marriage and how COVID-19 has impacted their rights. In conclusion, there is need to protect female children through educational access, legislative reform, sensitization, preventing socio-religious practices to optimize meaningful development in Northern Nigeria. Keywords: Islam, Child's Rights Act, Penal Code, Human rights instruments, COVID-19.