ISLAMIC PERSPECTIVE OF CHILD ABUSE: UNDERSTANDING THE LEGAL FRAMEWORK IN THE CONTEXT OF NORTHERN NIGERIA.

ABSTRACT This research explored the Islamic viewpoint on child abuse in the context of Northern Nigeria within its legal framework. The issue of child abuse in this region not only impacts the victims but also has broader repercussions on the society. Notwithstanding the federal laws aiming to curb child abuse, practices like child marriage and child labour remain commonplace. Sharia law, integrated into the criminal legal system in 12 Muslim-majority states, defines a child as one who has not reached puberty or the age of responsibility. Children are entitled to fundamental rights according to Islamic teachings, including financial support, education, proper parenting, and fair treatment among siblings. While Nigerian common law already addresses child abuse through statutes like the Child’s Rights Act and Labour Act, Sharia law also prohibits various forms of child abuse such as emotional, sexual, incestuous, and physical abuse (with the permission of light chastisement). Sharia law categorizes offenses into Hudud (punishments mandated by Allah), Qisas (punishments executed by victims’ closest relatives), and Ta’azir (punishments at the judge’s discretion), with most child abuse cases falling under Ta’azir due to the absence of specific punishments provided in the Qur’an. Sharia courts and area courts handle cases based on Islamic law principles, with Hisbah commissions in Northern Nigeria tasked with ensuring adherence to Islamic tenets and reporting child abuse. The study also examined the root causes of child abuse in Northern Nigeria, notably poverty and lack of education, which form a cyclical pattern exacerbating the problem. Child abuse manifests in physical injuries, low self-esteem, PTSD, and substance abuse among victims, contributing to societal issues like increased crime and delinquency. The research made recommendations which are intended to improve the situation and bring an end to child abuse in Northern Nigeria through taking advantage of the implementation of Shari’a criminal law. The research methodology adopted for this research is doctrinal and made use of sources such as the Qur’an, documented hadith, journal articles and textbooks. Keywords: Child Abuse; Child rights; Islamic law; Frameworks; Northern Nigeria.