The Concept of the Child in Islamic law, International Covenants and Nigerian Law: A Comparative Study

مفهوم الطفل في الشريعة الإسلامية والمواثيق الدولية والقانون النيجيري: دراسة مقارنة

Abstract

This research deals with the concept of the child in Islamic law, international covenants and Nigerian law, and the consequent matters. So, the research presents the concept of the child from these three perspectives in order to compare them and determine the places of the agreement and disagreement, and what should be considered and what deserves a response for violating the principles of Islam. The research depends on the qualitative approach for collecting information from its original sources, then studying and analyzing it. The results of the research show that comparing the age of maturity or the end of childhood - as stated in international covenants and Nigerian law - with the concept of puberty in Islam shows its contradiction with Islamic principles. This is because the age of maturity is often understood before the age of eighteen. If this age is considered a dividing line between childhood and adulthood, then this leads to omit many religious responsibilities. This is because a child becomes legally responsible for performing all acts of worship and responsible for all shortcomings from the time he reaches puberty, which often occurs before the age of eighteen. Therefore, the time of puberty set by the Lawgiver (Allah SWT) must be considered, especially in the obligations of legal responsibility. But if we stipulate the child’s entitlement to exercise some social rights at the age of 18 years, there is no problem with that in the eyes of Islam as long as there is public interest in it.