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Sunday, 21 July 2013

Early Marriage and the Nigerian Brouhaha: An African Perspective



The Nigerian state has been, currently, flooded with series of protests, most centrally, coming from the social media with twitter, as usual, taking the lead. The whole show stemmed from the decision of the Senate to retain Section 29 subsection 4(b) of the Constitution of the Republic of Nigeria which discusses renunciation of citizenship with emphasis on 18 years as the classified and legal full age authenticated by law but placed a caveat by referring to a married girl as being of full age.

This is seen by many as a stamp to legalise the activities of paedophiles than endorse an Islamic injunction which of course Senator Ahmed Sani Yerima relied upon to marry and invoked upon marrying a 13-year old Egyptian girl. The girl-child as noticed in the campaigns against the retention of the subsection must be given education and protected for a virile future not married off to become a bride to an elderly man as old as 65. This, not to pass judgement, is logical.

The subsection did not expunge or affect any other provisions on marriage but definitely is capable of going a long way in affecting the girl-child. The arguments in favour of early marriage, espoused by learned scholars, rational ones and even Ahmed Yerima are so apt and germane. They are centred on the sensuousness, obscenity and lewdness that have perverted the society and this is where African culture meets with them.

Going by the Islamic injunction, it is said that the girl after marriage must acquiesce to sexual advancement willingly and not forced to. Fear of amorous advances and pregnancy which could affect the girl-child remains the bedrock of the campaigns with some bringing the issue of Vesicle Virginal Fistula into the matter. Well, as regards VVF, it can also happen to adults, say of even 30 years though that of female children is more pronounced.

To the main issue, the Noble Quran states in An Nisa; 6:

And try orphans (as regards their intelligence) until they reach the age of marriage; if then you find sound judgement in them, release their property to them... (emphasis mine)

The first question many scholars of Islam are not answering or have not been able to enlighten the public on is the relationship between the age of marriage and sound judgement which of course is well answered in the African culture and customs. Another is, what is the basis for a 65-year old man marrying a 13-year old girl?

Going by the defence, Ahmed Yerima said he can give out his daughter as age 6 because of the moral decadence in the society. Not to argue with that, one should be poised to ask: 'To who?' Another 65-year old man? This is the moral premise of the campaigns against the girl-child-bride and early marriage imbroglio.

In African culture with much reliance on indigenous researches done personally on many a cultural patterns we do not take note of today as well as on scholarly works, most notably, Camara Laye's The African Child, early marriage is well encouraged. This has been the bedrock of the 'purity' of the society. But, there are models and structures put in place for the couples which are almost non existent in the society of today.

After the circumcision rituals for men ranging the between the ages of 14 to 16 to integrate and incorporate them into the age-grade system with much lectures and orientations from the elderly ones, they are free to start having female friends and no longer will be monitored by their mothers. They are deemed to be of manly decisions but shall continue to be regulated by their fathers. This in essence proves how well structured the system is. Also, the wife belongs to the family not the man in Africa, hence, the man shall accord full respect to the woman to avoid family backlash. This is synonymous what the Noble Quran says of the respect that must be accorded to a girl that marries early.

Ahmed Yerima and other senators might most probable be hitting the nail on the head but the citizens understand perfectly well their politicians. These same set of people continue to impoverish the land and have not done anything tangible to uplift Nigerians, rather, are always interested in passing obfuscating and queasy bills. Sensible bills are on their tables needing express actions yet unattended to.

Bills like Freedom of Information Bill dragged on for almost a decade before it saw the light of day. Petroleum Industry Bill is still there. Nigerians say they want bills with the powerful force of law offering specific jail terms for anybody found guilty of corruption so that people like AbdulRashid Maina of the Pensions scam will stop walking free, senators turned deaf ears because they are thieves. They voted to kill the Local Government Autonomy Bill but endorsed a law that will ensure criminality against the girl-child.

The Child-not-Bride campaigns are not to go against an Islamic injunction because the Noble Quran has laid down guidelines for such marriage but we know it is the children of the poor that will suffer. Ahmed Yerima and other senators should show Nigerians how many of their female children married at age 6, 10 or 13. The poor man with no means of sending his children to school and having to know it is no crime to marry the girl off even against her wish since the law is there, will not delay in doing such.

Muslims do not understand that if they can defend the act with Islamic values, that man from my village can use the law to violate the fundamental rights of the girl-child and of course he is no Muslim so he has no religious responsibility to respect the child. The law says she has attained full age once she is married so he can force her to marry and claim she has attained full age.

If it remains an Islamic culture just like it is in the African culture without the voice of law, it will deter many and any violation can successfully be dealt with. Deterrence of violation is the major concern not being against what naturally is good for the society ceteris paribus. A 6-year old girl has no good sense of judgement. If she indulges in immoral acts, it is because the parents are no parents. I know a 26-year old girl who has never had sex and there are many. Immorality has been with man from time immemorial but not enough to give criminals a chance to disrespect the girl-child.

Marrying early is not a total guarantee of purity against obscenity. There are many who married early but indulged in fornication cum adultery with the excuse of convenience that they were not allowed to enjoy their youth. The society needs these senators to make education attractive. The economy is also not helping matters because in the African system, after circumcision procedures, farmlands are usually allotted to the male children in preparation to be able to feed their households.

A young man with no financial wherewithal cannot dream of early marriage. He will not be interested in breeding children who will not be able to measure up to standards. This definitely makes it easy for people like Senator Ahmed Sani Yerima, his confederates and accomplices in the Senate to take the young girls as brides. The same set of people that destroyed meaningful ventures that the able-bodied men can embark on through corruption and pillaging of resources now want to start accumulating the girls.

If Yerima had married the girl to his son who is, maybe 17, even 20 years, I will be one of those supporting him today because it is an acceptable norm. He will be in a good position to support the family if need be which by all standard is logically 'endorseable'. This is where the African system gives credence to early marriage. The family will solidly be behind the couples. It is a communal and family affair. The consent of the girl is also crucial in the African system.

Senator Yerima revealed that marriage is not about sex but assistance at home. The girl-child then can successfully be adopted, be given education and will work at home as expected not married. This is very apt, pertinent and to a free mind, not a closed one, this will be the best option if she is only needed to help at home not in bed. Why take a wife that will not grace your bed? Then, she is better as an adopted daughter than a wife.


There are violations too when fathers give their children to chiefs and prominent men at tender ages but that is an exception not a rule as against the case of what section 29 subsection 4(d) will do or is capable of doing. Our senators need to think and research well, not sit in the oval office or hallowed chamber and make pugnacious laws.

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