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 stressedthat 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 Constitutiondoes 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 theclause 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 whois 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.
Senator Ahmed Yerima
"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 towhich 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. Theconventions 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 ismatured.''
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 isnot the age as
far as Islamic law is concerned, it is the maturity and age ofpuberty.
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 believein 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 weapprove gay marriage. So these are matters of
interpretations."In Islamic law, we don't have problemof
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 youdo 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 isnot even the issue of marriage, not theage 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, agirl 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 theyput 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.''