AHMED SANI, A GIRL’S ‘FULL AGE’ AND-MARRIAGE (III) Print Email Category: Opinion Published on Friday, 26 July 2013 06:00 Written by Maryam Uwais Hits: 880 Where a practice is determined to be merely permissible and not mandatory, it is considered practicable and entirely feasible within Islamic jurisprudence, to discourage or prohibit it, where it is found to be so harmful to individuals and to the community. Countries such as Yemen, Egypt, Morocco, Tunisia, Algeria, Somalia and Bangladesh, with majority or high Muslim populations have set a minimum age for marriage as 18, in the acknowledgment that there are serious social, physical and mental health risks associated with child marriages. This progressive step became necessary, in that these indisputable facts placed a heavy burden on the accountable and God-fearing leadership in majority Muslim countries, to protect the vulnerable in their midst. It is, therefore, not unreasonable to expect that educated elite and public figures such as Senator Yerima, being conscious of their grave responsibilities to prohibit harm and to enjoin good in our own context, should actually discourage this devaluing and belittling practice of early marriage, in the public good, for the protection of the vulnerable and the realization of social benefits. To enable our girls attain their fullest possible potential is definitely a target that Senator Yerima should also be working passionately towards, along with the rest of Nigerians who yearn for a better future. Indeed, the overriding objectives of the Sharia include the promotion of human dignity, justice, compassion, the removal of hardship, the prevention of harm, the realization of the lawful benefits of the people, and the education of the individual by inculcating in him a sense of self discipline and restraint, which aims are by no means exclusive. All else may be adapted to achieve these ends, which measures may encompass matters of concern not only to law but also to economic development, administration and politics. For those that reflect, the hardship that these little girls experience, where married off and divorced soon after, so wantonly, is certainly unacceptable within the faith. Although the fundamentals of faith and the practical pillars on which they stand remain immutable in principle, they may be interpreted and justified at the level of implementation in the exercise of public good. This process must of need be carried out solely by persons learned and eminently qualified to speak on the subject matter in question. We must always bear in mind that the ‘appropriation’ of divine authority in religious interpretation is best left to Scholars learned in Islamic legal philosophy and analytical reasoning. Having acquired the requisite knowledge and expertise (including the capacity to weigh the various views in the particular sphere of learning in the context of our times), these Jurists would also need to have imbibed, at the barest minimum, the attributes of humility, compassion, reflection, wisdom, self-restraint, diligence, objectivity, along with piety. Our learned Scholars must stand up and be heard, rather than remain silent on matters that so adversely affect us as individuals, as a region, a Nation and as members of a global community, which challenges paradoxically controvert the deeper meaning and purpose of the Shari’a. Back to the issue in contention, it is important to commend the thinking behind the decision to delete the constitutional clause that seeks to lumber even an ‘intellectually immature’ girl, where married, with the grave responsibility of the power to renounce her citizenship, thereby elevating the subject of citizenship to the level whereby both men and women have similar responsibilities, without discrimination. It is hoped that ultimately, members of the Senate would reflect deeply on the implications of their recent action and revisit their decision to retain the contentious clause, if only to ensure that every Nigerian citizen of full age, without distinction, is subjected to similar standards and responsibilities under the provisions of our Constitution. (Concluded) Uwais, MFR, is Chairperson, Isa Wali Empowerment Initiative, Kano.
Posted on: Fri, 26 Jul 2013 19:11:30 +0000
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