Child Marriage and Islamic Law in Jigawa State: Legal Provisions and Social Realities

📖 ABSTRACT/OVERVIEW

Child marriage remains a significant social and legal issue in Jigawa State, where cultural norms and Islamic jurisprudential interpretations regarding the minimum age of marriage intersect with national child rights legislation. The Child Rights Act 2003, domesticated in some northern states but contested in others, creates a regulatory gap that affects the legal treatment of child marriages in Jigawa. This study examines the Islamic legal provisions governing the age of marriage, the formal legal framework in Jigawa State, and the social realities of child marriage in three local government areas. A mixed descriptive methodology is applied, combining doctrinal analysis of Jigawa State's Sharia and child welfare legislation with questionnaire surveys administered to 150 women married before age eighteen, 30 community religious leaders, and 20 court officials. The study investigates the Islamic jurisprudential basis for puberty-based rather than chronological age-based marriage capacity, contemporary re-interpretations advocated by Islamic scholars, and the role of the wali in consenting to early marriage. Existing literature from the North West zone identifies economic necessity and Walima practice as social drivers of child marriage under religious framing. The Maqasid al-Shariah principle of protecting lineage and the principle of la darar (no harm) provide the reformist jurisprudential framework. Findings are expected to reveal high prevalence with limited formal legal intervention. Recommendations address a Jigawa-specific child marriage prevention policy integrating Islamic law and child rights standards. Keywords: child marriage, Islamic law, Jigawa State, Sharia legislation, child rights.

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Departments# Islamic Law