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.